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Minnesota Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Minnesota on
Q: what happens at a rule 8 and if i can’t afford an attorney but don’t qualify for one what should i do and say in court?

it’s a violation of registration and it’s a min of 1 year and one day and no more than 5 years

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 24, 2020

A Rule 8 hearing is a procedural hearing to provide you, or your attorney, with the discovery in your case. You should not say anything in Court and you need to figure out a way to secure representation. This is a felony offense and you should not be representing yourself. This is far too... Read more »

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3 Answers | Asked in Criminal Law and Sexual Harassment for Minnesota on
Q: can a 16-year old press charges against an 18-year-old for harassment and hate crimes?

I am a 16-year old highschooler, and a certain student has been constantly harassing students, physically, verbally, and mostly sexaully.

there have been attempts to tell the school administration, but the school has a reputation for letting special-needs students get away with anything,... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 19, 2020

You wouldn't be pressing charges. That is a decision made by a prosecutor. You could certainly contact law enforcement about your concerns and things would go from there.

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2 Answers | Asked in Criminal Law and Traffic Tickets for Minnesota on
Q: If my license was reinstated in 2016. Can they legally revoke it from fines unpaid before 2000 now?

Error made on license; number is same on both but one has jean which is my middle name and the new license that was reinstated says dean and i had never noticed until being pulled over around xmas and the officer telling me that one is active and the other suspended. Had been pulled over a handful... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 17, 2020

You might have a legal argument to prevent the suspensions. I would look into retaining an attorney to look into the situation so the exact facts are known and then to follow up with DVS and if necessary the Court.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: if you didnt get the right to face your accuser in trial is that a violation of any kind in federal court

i already had the appeal process,done,and no longer have an appeal procees to go through,thats why i asked yous

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 16, 2020

Impossible to answer in a vacuum, especially without knowing what the charges were.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: My bf has a public defender and is locked up facing some very serious charges. The pd is not doing what we need.

We really need to retain an attorney for my boyfriend in Minnesota. His family is in Florida and I am in Alabama. I'm willing to retain the attorney but however I have no idea what the average cost is for a criminal defense attorney because none of us have ever dealt with this. Could you please... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 12, 2020

The charge for private representation is dependent on the charges and the defendant’s criminal history. None of that is referenced here. Contact attorneys in the area where your boyfriend is charged.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: My 16 year old was charged with 3rd degree assault. No priors she is a good kid. What do I need to do??

She recently had a fight after school with a another girl. After the altercation the police interviewed several witnesses and said they will be charging. How can I protect her? What are her legal rights as a 16 year old.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 11, 2020

Assault in the Third Degree is a felony offense. It is very serious and she needs an attorney. At this point, I assume that her case will be heard in juvenile court, but it is hard to know without more information. An attorney can help to protect her rights and to help minimize any consequences... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I got a sentencing had a lawyer hired which he sucked but 1 of the requirements of the sentencing was to have a Phyc ev

Phyc evaluation done by a certain date got a appointment set up went and was required to pay $3000 for evaluation. Don't have the funds what should I tell judge

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 7, 2020

Not sure what your attorney has to do with this. Reading between the lines, it sounds as if you likely have to get a psych-sexual evaluation based on the costs. You could certainly have the evaluation done through probation which would be less expensive. The recommendations through that exam are... Read more »

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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: I have been sentence for a certain day but wondering who do I talk to about other inmates that dislike me

I want to be able to recieve good time and not have to do the full sentence because there's people that dislike me

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 4, 2020

You won’t lose good time because other inmates dislike you. Keep your head down and stay out of trouble.

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3 Answers | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: Daughters coworker assaulted her at work. What can we do?

Several weeks ago my daughter (17) was shoulder-checked hard and intentionally by a coworker (30s) who was upset with her. She told her managers but nothing was done. She didnt report it to anyone else as she feared getting fired (the coworker is friends with the boss). She has recently quit that... Read more »

William Bailey
William Bailey answered on Feb 1, 2020

If she wants to pursue charges reporting it to police is the way to go. If you are thinking about a civil suit... what are the damages?

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I received a stay of adjudication for my disorderly conduct back in 2017.

I complied with all requirements yet my public record still states that I was convicted and is preventing me from renting and finding work.

William Bailey
William Bailey answered on Jan 24, 2020

If the case really was resolved with a stay of adjudication and you completed probation successfully, a conviction should never have been entered. Sounds like there may be an error by court staff. You should have a lawyer help you get this corrected.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I just found out a have two felony warrants. One is for failure to appear. The other says check fraud.

I live out of State and had no idea that I had a court date. I am a single mother with limited income. This has to be some type of fraud. How do I find out what it's about and get the warrants lifted without going to jail. I have never wrote a bad check. I have no clue what this would be about. I... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 19, 2020

I’m not sure how he wouldn’t be charged if she was asleep. Someone who is asleep cannot consent.

As far as your situation is concerned, you’re somewhat stuck. You could turn yourself in on the warrant and apply for a public defender. Or you could attempt to get funds for a private...
Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was charged for Reckless Endangerment at the age of 17 in ND. Will this disqualify me from being a cop in Minnesota?

I was charged as a juvenile. Reckless endangerment is normally a class c felony in ND, but being a juvenile, It was taken down to a misdemeanor. Will my juvenile record stop me from having a career in law enforcement?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 17, 2020

It certainly could. I would pursue an expungement of the adjudication.

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3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Minnesota on
Q: How do you get a danco dropped or can you even? If you modify an ofp does that modify the danco as well?

By bf and I have an ofp and also a danco. I have court this wed to ask to modify the ofp as I'm pregnant and want phone calls and for him to attend my Dr appts. Hes in treatment. If they grant the ofp modification does that go for the danco as well or do I have to do something else for the danco to... Read more »

William Bailey
William Bailey answered on Jan 13, 2020

If there are multiple orders prohibiting contact they would all need to be modified in order for contact to be allowed. If only one is modified, the other would remain in effect and contact would be a violation.

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3 Answers | Asked in Criminal Law, Domestic Violence and Family Law for Minnesota on
Q: I don't want to testify against my bf will I be in trouble if I don't ? Its a domestic assault type case

My bf is being charged with 2nd deg assault w/dangerous weapon. I don't want to testify as I dont want him to go to jail. The issue was he was on drugs and now in a long term treatment program. I wanted him to get help for his issues. He is pleading not guilty and taking it to trial. If I get... Read more »

William Bailey
William Bailey answered on Jan 13, 2020

You could be held in contempt and the judge could also issue a warrant for your arrest.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I'm in Minnesota can I be force to fight a criminal case without a attorney been denied a public defender I'm unemployed

But I'm married and stay with my wife..

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 13, 2020

Yes. If you do you not qualify for a public defender, you will have to pay for your own counsel. Most attorneys will provide a free consultation. Reach out and see what fees look like, they may be more affordable than you think. Not having an attorney will not get you out from under the... Read more »

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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Is it possible to have a disorderly conduct charge dropped and/or ensure that this doesn’t show up on background checks?

I’m being charged w/disorderly conduct as a result of my fiancée calling/lying to police during a bad argument. He told the officer that I hit him during this, when I did no such thing. In my struggle to get away from him (I was pinned up against a wall) the most I did was yell loudly for my... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 3, 2020

There is a chance to get the charged dismissed or keep it off of your record. The way to accomplish this is by hiring an experienced criminal defense attorney. An attorney can work to minimize or perhaps completely avoid any consequences for the allegations that have been made against you.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: isnt it unreasonable for a probation officer who has monitored a phone a yr. at defend. expense to then take and keep it

she took and kept phone for no stated reason he missed his call to her two days later now he is in jail for 2 months with high bail she had no reason to take it she monitored for a year

Thomas C Gallagher
Thomas C Gallagher answered on Dec 30, 2019

It is not clear from the stated question what the situation is. The solution maybe to call a criminal defense lawyer on the phone, so the most relevant, known information can be considered.

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1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: What does it mean when you’re charged with kidnapping to facilitate felony or flight

There’s two charges for that, along w aggravated robbery and trespassing somewhere he was ordered to stay away from

Thomas C Gallagher
Thomas C Gallagher answered on Dec 26, 2019

Here is an excerpt from Minnesota's current kidnapping crime statute: "609.25 KIDNAPPING.

§ Subdivision 1. Acts constituting. Whoever, for any of the following purposes, confines or removes from one place to another, any person without the person's consent or, if the person is under the...
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3 Answers | Asked in Criminal Law for Minnesota on
Q: A detective is trying contact me won't tell me what's its about how can I find out without meeting with the detective

I've spoken on the phone with him and he just keeps saying we need to talk and I've told him that have nothing to say to him without a lawyer how can I find out what this about without meeting the detective

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 25, 2019

Get attorney on board. Your attorney can help sort out what the issue is and why they’re looking to chat with you.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: If a case is dismissed by the Prosecutor, then they re-open immediately with a complaint, is all previous info in invald

Case was dismissed because Defendant wanted a complaint. Case was re-opened same day as dismissed with same case number and clerk says it was never really dismissed. There is a Motion to Dismiss that was not officially "heard" will that have to be re-submitted?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 22, 2019

You don’t indicate in this question what the basis was for the motion to dismiss. So it depends whether the motion is still applicable given the change in circumstances.

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