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Minnesota Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Minnesota on
Q: An of duty task force officer noticed my truck in a restaurant parking lot he waited until me and two others came out me

My friend and I left his car there and went to his place to look at chain saw his roommate had for sale .. we were there about an hour we left there and went back to his car leaving his place there were cops around the corner like they were waiting for us . The off duty guy said later that he... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Apr 10, 2021

No question stated here, but presumably the thought is "what can be done?" It's time to get a good criminal defense attorney, with drug case experience, on board. From the description, it may be that a pretrial motion attacking search and seizure should be considered, after all... Read more »

3 Answers | Asked in Criminal Law for Minnesota on
Q: My friend was picked up on a warrant from 5 years ago. When he's been into jail. But that never came up before

He was on probation. So how did they pick him up

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 6, 2021

No one can answer that question without more information. Consult with an attorney directly.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was pulled over for DAR and the cop asked me to do controlled buys to get out of it, is that legal?

I have a criminal history, but I have been out of that lifestyle for almost 5 years and the cop also acknowledged that before he asked me to do this. Again, I was only pulled over for driving without a license. I'm not on probation and I had nothing illegal on me. So I told him I would think... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 24, 2021

Sure it’s legal. I tend to think doing CI work to get out of DAR is a terrible idea. But that’s up to you if that’s something you want to do.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: My son is jail for murder in second degree no intentional The he can get out with a probation He’s récord was clean
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 24, 2021

That’s impossible to answer without more information. Second degree murder would generally carry a significant prison sentence even with no prior criminal history. He is not going to get a positive outcome without an experienced, dedicated attorney. He needs an attorney ASAP.

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1 Answer | Asked in Civil Litigation and Criminal Law for Minnesota on
Q: Which case law allows for house arrest to be credited to sentencing

While paying $840 per month for ankle bracelet/and alcohol monitoring system while on a $15000 cash bond pending trial,defendant is seeking jail credit.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 21, 2021

An individual is not entitled to credit in such a circumstance. The case law is very clear that the alternative to jail that provides jail credit has to be "the functional equivalent" of being in custody. The typical circumstances wherein someone might get such credit would be in a... Read more »

3 Answers | Asked in Criminal Law for Minnesota on
Q: I feel like I was misrepresented

I took a plea deal for 60 months on 2nd degree drugs and to toss out the gun which there was no prints on or DNA I was set for ras on 3/8 but due to the prosecutor not being ready because the big floyd case going on I was supposed to be let go until they was ready to proceed with trail I was... Read more »

William Bailey
William Bailey answered on Mar 15, 2021

This is information you should communicate to your public defender so that they can draft and file a motion to withdraw your plea. If you are unhappy with your public defender, you should hire a private attorney.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Do ignition interlock violations get shared with probation officers, or just DVS?

I am in Minneapolis, MN on 2 years of probation for a DUI first offense, BAC over 0.16. Part of my probation agreement is no alcohol use. I failed an ignition interlock test 1 year into probation, and this is the first fail. I was not locked out of the device and able to start itlater. Ignition... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 8, 2021

That is not necessarily something that will be reported to probation. However, probation might become aware that your interlock obligation was extended and would also likely become aware if your limited license was suspended due to continuing violations of the ignition interlock obligations.

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2 Answers | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: what will happen if someone shoots me do i have the right to shoot back and not face a charge?
Thomas C Gallagher
Thomas C Gallagher answered on Mar 8, 2021

That would depend upon several facts not stated in the question. For example, a person may or may not be in lawful possession of a firearm. If not lawfully possessed, the person could be charged with an unlawful possession crime regardless of any self-defense issues. Assuming a person was in... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: How do i contest a search warrant based in the lack if probable cause

A search warrant was issued an executed on my residence That lacked Sufficent probable cause

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 5, 2021

You retain an attorney or get a public defender to raise the challenge to the search warrant. The prosecutor will be an attorney. This isn’t something you want to represent yourself on.

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1 Answer | Asked in Civil Rights, Criminal Law, Domestic Violence and Federal Crimes for Minnesota on
Q: i am a victim of an on going organized theft ring, With in the employment of Catholic Charities employees and staff .

On going as we speak and every moment I am trying to seek legal representation and consultation im a continued victim of a criminal enterprise. I need a downtown lawyer to discuss legal strategy. The alleged perpetrators actions was not only criminal in its intent but deadly in its execution. I... Read more »

William Bailey
William Bailey answered on Mar 2, 2021

You should report any criminal activity to police. For a civil lawsuit, you should consult directly with a personal injury attorney.

3 Answers | Asked in Criminal Law for Minnesota on
Q: I need advice on a theft by swindle.

I was selling my birds. A lady contacted me to purchase them, and proved she would not care for them right. I told her no, and kept looking. A guy contacted me and told me he would take the birds to his home in Wisconsin, where just he lives, and they would be his birds. 2 months later the woman... Read more »

William Bailey
William Bailey answered on Mar 1, 2021

I don’t believe there has been a theft. It sounds like you sold birds to someone who then did something you didn’t like with them.

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3 Answers | Asked in Criminal Law, Personal Injury and Civil Rights for Minnesota on
Q: Our daughter is transgender male halfway through her transition. She was placed in all male prison where she has been

sexually assaulted twice.She was brought to hospital both times.As her patents we need to get advice to help her any information you have or advice would be appreciated. Thankyou.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 23, 2021

I’d suggest contacting an attorney directly. Most will give a free consultation. But this is more complicated than can be addressed in this format.

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3 Answers | Asked in Civil Litigation, Criminal Law, Civil Rights and Juvenile Law for Minnesota on
Q: Can a judge or a public defender set a motion for a speedy trial without the defendant pleading innocent or guilty.

The charge is felony gun possession with ammunition possession and the accused is juvenile felon that was sealed years ago. The firearm is legally registered to another person that is legally allowed to own one, and happened to forgot in defendant vehicle but was not physically on the defendant.

William Bailey
William Bailey answered on Feb 22, 2021

Generally a plea is entered at the Omnibus hearing. It is not clear what stage the case is at. This person needs a criminal defense attorney ASAP as this charge can carry heavy penalties.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was 15 when issued a felony warrant when I turn 18 will it go away if never charged

Honest answers plz

William Bailey
William Bailey answered on Feb 18, 2021

No. If there was a warrant it is likely still active. They do not just go away. You need to have an attorney help you get this cleared up.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I was 15 when i was issued a felony arrest warrant I am currently 17 turning 18 very soon

I need honest answer

William Bailey
William Bailey answered on Feb 17, 2021

You haven’t posted a question so I assume your question is, how soon should I get and attorney? The answer is as soon as possible if you want to fight it. If not, wait to be arrested and go to jail.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Can law enforcement keep your vehicle even if you weren't in it?

I live in MN and my 39 year old son who doesn't live with me took my truck and ended up hitting a parked car (very little damage) leaving the scene, then out running the cops. Now they are telling me they can keep my truck, is this true? I knew nothing about it Thanks So Much... Read more »

William Bailey
William Bailey answered on Feb 16, 2021

It sounds like they are holding it as evidence possibly. You should have an attorney help you get to the bottom of this and help get the vehicle returned.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I think I have hpd disorder. I'm continuously violating ofp by text and phone I'm having such a hard time stopping

Would having having that disorder help me in court at all since it's so impulsive I feel like I don't have control over it even though I'm going to therapy to try I'm still breaking it Non-Stop and it's going to take time to get over that urge me and always keep on adding up these things

Thomas C Gallagher
Thomas C Gallagher answered on Feb 15, 2021

Unfortunately a mental health diagnosis is not a defense to prima facie criminal liability under the law. And for those who get a "not guilty by means of mental illness" disposition on their criminal record, will get reviewed in civil commitment court for possible civil commitment. But... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: My friend was booked into a county jail.on pending murder charges. I looked in the roster. Wasn't on there.

Vinelink says that he was out of custody - missing resync record. Whats does this mean, and where is he being held?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 8, 2021

It takes sometime for an individual to be booked and for that information to appear online. I would assume that your friend is in the county jail where the alleged murder occurred. He or she will be held for a court date and then conditions of release such as bail will be set.

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3 Answers | Asked in Criminal Law and Civil Litigation for Minnesota on
Q: If I was falsely accused of a crime & the charges were dismissed& years later be changed with & convicted of related.

Is that double jeopardy seeing the the conviction was because it was said that the charge that I was convicted on came from the charges that was dismissed?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 3, 2021

No. That is not double jeopardy. Jeopardy does not attach until trial. A dismissal doesn’t meet that requirement.

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1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Minnesota on
Q: Can you lose all your rights such as court proceedings, i.e. criminal charges papers served directly to your unless f

Family members got guardianship? Woyld you not be aware of criminal proceedings and would you get a care taker without your permission or your say so to whom it may be. Could law keep threatening daily with warrants and family

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 22, 2021

This question is incredibly confusing. It's unclear what is being asked. Criminal charges and a guardianship are two entirely different things and are unrelated to each other. A warrant could certainly be issued if you missed a court hearing on a criminal matter, but that has nothing to do... Read more »

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