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Minnesota Questions & Answers
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...
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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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1 Answer | Asked in Immigration Law for Minnesota on
Q: Proof of immigration status?

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William Bailey
William Bailey answered on Jan 15, 2020

I am not sure what you are asking. Try re-posting with some additional details about your situation.

1 Answer | Asked in Immigration Law for Minnesota on
Q: Any way to change deportation status after 10+ yrs

My wife of 12yrs has a deportation status but never deported or remove because her county is not willing to take people back yet (Vietnam and she was here as of 1985 and she has the deportation status before we go marry and I am a US Citizen). Is there any way we could get her status back? Any form... Read more »

William Bailey
William Bailey answered on Jan 15, 2020

This is a complex question. Certainly not the kind of question to be answered off the cuff on a site like this. I suggest you and your wife consult with an immigration lawyer to learn all of your options.

3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Location MN. Do you need to stop for a school bus at a T-Intersection when you are on the main road with no stop sign

School bus has red lights on, is on the road that has a stopsign to the main road.

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

Yes. If the stop arm is extended and the lights are on.

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2 Answers | Asked in Immigration Law for Minnesota on
Q: I want to study Aviation in the US but my Visa won't allow me to. Please help.

I'm a senior in high school and I am currently on a L2 visa until 2022, and I want to study aviation in the US. I was talking to an admissions counselor and she told me "Aviation Pilot is NOT an approved program for those seeking an F-1 visa at this time". Does that mean I can only train for 2... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 14, 2020

An M-1 visa might be an option for you. It is like an F-1 but more for trade school.

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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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1 Answer | Asked in Family Law for Minnesota on
Q: Can the court prevent you from being with someone and send them to jail for it?

My daughters father and I broke up due to emotional abuse and he has changed the behavior since then we both still want to be together and work stuff out but he told me the court said if he were to be together with me again he'd be sent to jail for it is that possible

Corwin Kruse
Corwin Kruse answered on Jan 12, 2020

Is there an Order For Protection in place? If so, violating it is a crime and can lead to jail time.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Minnesota violation for no front license plate. The citation has the wrong color of car and license plate year is blank.

Ask for dismissal?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 10, 2020

These errors are not going to get you out from under the citation. There is likely a police report and perhaps a dash cam/squad video of the traffic stop. Get an attorney if you wish to contest the ticket. An attorney might help you avoid or minimize the consequences for whatever happened here.

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: Admissibility of a breath test report from the Intoxilizer Machine re DUI charge in MN

If the breath test report does not include the test subjects name or any of the identification information the report request to be completed by the officer filling in the data fields for the breath test operation and report... is it admissible in court? Report had no mention of who the test... Read more »

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

There should be other identifying information on the report such as the date and time the test was taken, where the test was taken, if not the name of the subject - then the DL # for the subject who provided the test. Additionally, many would have video surveillance of the area where the test was... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I just received a ticket for "motor vehicle registration-display". I did not have my whiskey plates on, but had them in

the back window. I'm an older woman and tried to put them on, but could not get them to stay. And, I could never get the front one off. They never originally removed my plates. as of now it does not show in the system yet. The ticket says "original" and there is no Officer name or Controlling... Read more »

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

I would imagine your just facing a fine. The outcome depends on the county where it occurred.

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1 Answer | Asked in Contracts, Collections, Intellectual Property and Small Claims for Minnesota on
Q: Best way to go about this

I bought my stepmom car for 2000.. and today she showed up with the police claiming that I never paid her anything and she wants the car back. She had the car towed off my property...

I have text messages from her saying the price of the car, me giving her mom, and are agreement... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 5, 2020

consult a local attorney, you can try this in small claims depending on your jurisdiction

make sure you have all documented and printed for presenting to the court

1 Answer | Asked in Personal Injury for Minnesota on
Q: was my denial fair?

i got a letter in the mail that said my already approved workmans compensation case was denied for lack of consistency. Thankfully, i have my medical records in hand so i was able to review them immediately. It is noted that i experienced significant memory loss from before AND after my accident... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 4, 2020

You could repost your question, adding workers' compensation as a category. Or with the question remaining open for two weeks, at this point, you could simply reach out to a workers' compensation attorney in Minnesota. You ask about fairness, which is a good question. But in these types of claims,... Read more »

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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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Minnesota on
Q: Are there copyright/trademark restrictions that prevent me from selling merchandise with pictures of people's cars?

The pictures would be taken by customers of their own cars and would likely have the vehicle logo visible, and below the picture there would perhaps be a name for the vehicle they choose or a phrase of their picking...

Thank You!

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2019

Be careful on this

if it is on request of the owner of the car, and it is limited, you may be ok

you should definitely consult with an attorney before jumping in

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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2 Answers | Asked in DUI / DWI for Minnesota on
Q: What happens when you blow under the limit at the police station but blew over right after leaving the bar?

You are 21. You got pulled over right after leaving so alcohol was still in your mouth/saliva so you blew over. Once you get to the station you blow under. What happens? Do you still get a DUI or DWI?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 27, 2019

The test at the station controls charging for the most part. You may ultimately not be charged with a DWI if you were below the legal limit on the Datamaster test. But there could be other offenses that might be applicable under the circumstances depending on the reasons that you were pulled over.

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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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