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Minnesota Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Minnesota on
Q: Is there a law against throwing lit fireworks at someone?

Hello. A law enforcement officer told me that there is no law against throwing lit fireworks at someone or at their moving car. This, after running at them to do so. Is it legal to light fireworks and throw them at people and at cars in the State of Minnesota? If not, what specific law addresses... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 31, 2020

I'm not sure why a law enforcement officer would tell you that. But throwing a lit firework at a person would certainly be assaultive conduct and throwing one at a moving vehicle would be criminal damage to property if the vehicle was damaged as a result.

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Minnesota on
Q: Do private clubs have to follow the Governors new mandate on masks?

Meaning a Club that you need to be a member of in order to be there. Public would not be allowed to come in off the street. Members only

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 23, 2020

You don't provide enough information here to intelligently answer the question. What do you mean by "private clubs?"

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Turning self in on bench warrant for probation first time theft no other criminal record.

What is the chance of being released after court tomorrow?

Thomas C Gallagher
Thomas C Gallagher answered on Jul 22, 2020

No way to say without all the information. Even then, working on ensuring it is more important than attempting to predict. The judge will consider various factors, and rely heavily on your lawyer and the probation officer.

3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can my daughter be held in Nobels county jail for 11 months without a trial because of the virus

My daughter was arrested for transporting meth from SD in December 2019. Her court date was set for March because of the virus the trial was reset for July 28, my daughter just now received a letter moving her trial until November can they do this she will be in Jail for a year before she is... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 8, 2020

They certainly can if she has not demanded a speedy trial. If she has made such a demand, there is an analysis that gets done about whether her right to a speedy trial is being violated and if so, what the remedy should be. One such remedy might be release from custody. Another such remedy could... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: How long can someone sit in jail for a probable cause without seeing a judge for 4 days.
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 30, 2020

I would suggest that you consult with an attorney directly the timing of everything going on here. Attorneys, including me, generally will provide a free consultation and they can look at the exact timing in order to best answer your question.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: False Evidence being used,felony domestic abuse,should I contact County Attorney Office ? July 6 2020 hearing

coworker had made false reports to police about a female she dislikes, to ‘get back at her’. Then her husband was arrested Feb ‘20 facing felony strangulation,child endanger, 911 interfere, +more.

For 3+months,she has been calling police making accusations... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 30, 2020

This question doesn’t make a ton of sense. Most attorneys, including me, will provide free consultations. Contact someone directly to discuss the situation.

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1 Answer | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: Will I go to Jail for using my Parent’s credit card without permission?

I’m 16 and recently my parent’s bank account had a credit card fraud by a different person somewhere off state but they also discovered that I’ve made a couple microtransactions without their permission but after the call towards the bank I promised to pay them back. However the bank said... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jun 29, 2020

Try to focus your attention on time and the possible. Events in the past cannot be changed. But you can control your behavior in the present and the future. So don't overthink past mistakes that are too late to change. Instead, learn from past mistakes, and resolve to make better choices... Read more »

2 Answers | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: I was wondering if I can become an attorney even though I had a felony when I was 16

I was granted a stay of adjudication and completed probation I also fully paid my restitution I am currently 18 now an want to know if it would affect me now

Thomas C Gallagher
Thomas C Gallagher answered on Jun 29, 2020

Take a look at the web page for the "Minnesota State Board of Law Examiners » Character and Fitness Requirements." My guess is that it will be possible, though perhaps some extra attention may be necessary when applying. You could also give them a call to discuss your situation.

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2 Answers | Asked in Criminal Law, Family Law and Child Custody for Minnesota on
Q: If someone places an Ofp on you, are they allowed to stop by your place of residents?

And have their boyfriend come to the door To drop off a gift? Also are they allowed to try to contact you via 3rd party considering they are the ones who placed the order of protection on you?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 22, 2020

An OFP is a one way street. The protected party is not prohibited from doing anything. They can call, text, send gifts, visit etc. None of that is a violation of the OFP. However, if the other party responds to contact initiated by the protected party, it is a crime. A first violation in 10... Read more »

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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: What do you do if your public defender is not doing his job? Do I have any options.

I am being charged with a first degree burglary crime. I was offered a plea agreement which would reduce the sentence to a second degree. I am from Minnesota and there are circumstances and information that has not been considered in this case. I believe that if the judge were aware of the... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jun 19, 2020

1. Redouble your efforts to communicate with him or her.

2. Failing that, talk to his or her supervisor about possible solutions.

3. Find money and hire a private, paid lawyer.

4. Push towards litigation and trial, rather than accepting any guilty plea bargain you are not certain about.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Is it possible to use an illegal search and seizure defense when you are currently on parole?

My fiance is being charged with 1stDegree Possession from evidence found during an illegal search, however he is on parole. What are the odds of him beating this case?

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

Saying the search was illegal or unlawful is conclusory. You don’t provide enough information here to conclude that the search was impermissible. Folks on supervised release (aka parole) have a lower expectation of privacy and consequently fewer rights. He needs an attorney and to consult with... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: If Supreme Court rules that basis for arrest was illegal in a case will that change mine
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 9, 2020

You don't provide nearly enough information to answer this question intelligently. Is your case pending or were you convicted? If you were convicted, how long ago was that conviction? What was the legal issue addressed by the Supreme Court? Was it the U.S. Supreme Court or the Minnesota... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: What can police do with photo of drugs and ID in photo given to them? Charges against person in ID?

ID and person bag was stolen or found and staged the photo cops say they have photos of.. With drugs and ID

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

This question is confusing and difficult to answer intelligently. Most criminal defense attorneys, including me, offer free consultations. Call some directly to discuss the matter.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Can you stop a police officer who is in the middle of committing a felony?

It is typical that the law allows a citizen to intervene to prevent the commission of a felony. If the felon is armed with deadly force, the penalties for commission and the latitude in preventing the crime are broader accordingly (this is assumption). In a recent conversation, the question came... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on May 30, 2020

Minnesota statutes authorize police officers to use greater force, and in more situations, than the rest of us. We can see that in the self-defense statutes, for example. We can also compare the statutes for police officer arrest powers, vs the citizen's arrest statute. Self-defense law is... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: what can be done about a theft of $65 that happened a year ago

it happened in mn. a citation was sent out but there is no court date.

Thomas C Gallagher
Thomas C Gallagher answered on May 21, 2020

Assuming the person who received the citation is asking what to do: First, respond to the citation. A citation is a Summons to court. It requires the person named to respond to arrange a court date. Failure to do so, will lead to a default conviction of a petty misdemeanor; or an arrest warrant... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Hey! I am an 18 year old female from Minnesota dating a 15 year old female from Germany. Is that illegal?

I bought a plane ticket to fly to her in October and my family is trying everything to stop me and my dad is saying that it could be a felony. Is that true?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 18, 2020

The age of consent in Minnesota is 16. I don’t know what the age of consent is in Germany if you are visiting her. That is a question for a German attorney. Dating is not a crime, but there are plenty of potential issues - for example sexting would be a major issue.

2 Answers | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: If I’m underage minor who is sober and I’m driving a minor who has drank alcohol and we get pulled over

Will I get cited for them being under the influence if it is not in my car i.e. he drank it beforehand

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

No, you will not get cited for DWI if you haven’t beeN drinking. You aren’t breaking the law.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I was bringing a friend to Wal-Mart..and I guess she had a warrent or something...now I have obstruct legal process

Lawful execution legal process..how is this even possible?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 14, 2020

Taking a friend to Walmart who had a warrant is not obstructing legal process so there must be more going on here. I’m assuming you are being accused of more than just driving your friend to Walmart. This is a serious charge. You need representation.

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2 Answers | Asked in Criminal Law, Traffic Tickets and Juvenile Law for Minnesota on
Q: Some friends and I went to an old abandoned school in Minnesota near where we're from.

We didn't see any no trespassing signs and we weren't planning on causing any damage, so we went in to explore a piece of history. However, the cops showed up and we all received citations. Is there such thing as a trespassing citation and were we even breaking the law by exploring the... Read more »

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

Of course there is such such thing as a trespassing citation. Whether what you did qualifies as trespassing is a different question. Was the building locked? Was it posted? Did you refuse to leave after being asked to? There are a lot of other questions here that need answering. You should... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was in treatment permy probation officer I have hiv and didn't feel safe i left I called him befor I did.

I left him messages explains my significant other was sick fever at 101 keeps rising and falling do I have options or am I doomed back to lock up I have a home car and job

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

Sorry, I am really confused by your question. It appears that you left treatment to care for your significant other, but perhaps I misunderstand what you are saying. The biggest thing that you can do right now is remain sober, stay in touch with your probation agent, and comply with any testing... Read more »

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