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1 Answer | Asked in Criminal Law for Minnesota on
Q: I was gave a speeding ticket for going 64 in a 55. Is there any way to pay it but keep it off my record
Thomas C Gallagher
Thomas C Gallagher
answered on Jun 6, 2022

A person with a Minnesota Driver's License which is not a CDL, should benefit from what we often call "the Dimmler Amendment" or the Minnesota "Dimmler Speed law," which direct the Minnesota Department of Public Safety to not put a speeding conviction on the Driver's... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: What am I looking at for penalties with these-

1st time 4th Degree DUI, 1st time 4th Degree underage drinking, 1st time 4th Degree driving while revocation and driving with no insurance. I already had a small incident last year that put 45 stayed days over my head for a very different offense. These are all misdemeanors and I have no priors but... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 5, 2022

It’s unclear what exactly you are asking here. But the easiest thing to advise is to get an attorney. A DWI will have direct consequences - jail time, fines, etc. And indirect consequences - DL revocation, insurance rates increase, etc. And you could be facing a probation violation as well.... Read more »

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: can parent take minor out of state vacation without permission
Corwin Kruse
Corwin Kruse
answered on May 29, 2022

It depends upon the language of the Judgment and Decree. If it says nothing, you are generally free to take them. The Decree may still require you to notify the other person and provide contact information for everywhere you’re staying.

1 Answer | Asked in Criminal Law and White Collar Crime for Minnesota on
Q: Ths fame was faulty I jumped to the next frame.

A friend accepted $500,000,000 worth of art and collectibles, took them out of state and sold them as her own. I kept track of all sales. I called the Sotheby's, Christies, Butterfields when they announced the sales and got a ton of goofy answers. They sold these items with made up... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 28, 2022

Contact law enforcement if you have a crime to report.

1 Answer | Asked in Criminal Law for Minnesota on
Q: What are my reporting requirements if any? Who do I report to if I am required to report? See Additional Details.

I am required to register as a Violent/Sexual Offender in Minnesota and have been approved to travel for vacation. I will be visiting Glacier National Park in Montana for a week. What are my reporting requirements if any? If I am required report, to whom do I report? I will also be spending 2 days... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 26, 2022

These are really questions that need to be asked in the Montana and ND forums. Those states would control what, if any obligations, you have as an out-of-state predatory offender visiting for a vacation.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: Is it illegal for a parent to have a child Make a false police report against the other parent
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 24, 2022

Depending on the age of the child, it would be difficult to prove that the parent "forced" the child to lie to law enforcement. This would a very fact specific situation and oftentimes there are two very different perspectives to what occurred in a situation. Additionally, private... Read more »

2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: Does a DANCO order supersede a divorce decree when it comes to transfer of children.

For example. Mother had protection order from the Father. In the divorce decree they agree to a mutual transfer of the children in a public place. Before the divorce decree was final the Father was facing charges of violation of the protection order and the Judge put a DANCO on him pending... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on May 20, 2022

Basically, yes. Typically the DANCO would be both more specific and more recent. If there is a conflict between a family court order and a DANCO, it would be a good idea to either follow the more restrictive of the two, presumably the DANCO; or and until bring a motion before the judge in the... Read more »

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2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: Does a DANCO order supersede a divorce decree when it comes to transfer of children.

For example. Mother had protection order from the Father. In the divorce decree they agree to a mutual transfer of the children in a public place. Before the divorce decree was final the Father was facing charges of violation of the protection order and the Judge put a DANCO on him pending... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 20, 2022

The DANCO would control any contact that father would be able to have with mother. Father will have to continue having a third party handle the pick up and drop off of the children.

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1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Minnesota on
Q: I am a victim of an emotionally abusive and cruel wife, and i live in minnesota. She is currently out of the house

She has gaslighted me, attempted AND succeeded to ruin my reputation, my career, and has used knowledge of very personal matters (like past sexual and physical abuse) against me and even took my kids and dogs to my abusers house 4 weeks ago (my parents) and told them all of my secrets. I asked her... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 16, 2022

There isn’t reality a cogent question here. But it seems to me that the place to start is by reaching out to some family law attorneys about pursuing a divorce here.

1 Answer | Asked in Medical Malpractice and Social Security for Minnesota on
Q: Is it possible to get a lawyer to HELP ME?? S.O.S‼️‼️ My case will be dismissed soon without one. I was massacred!

I had applied for disability in 2015, and the Social Security Administration did a long & full review of everything and decided that in 2015, 2016, and 2017 I was NOT disabled -UNTIL- after my two 'botched' surgeries in 2017. Since then, I have been extremely physically sick, I still... Read more »

Tim Akpinar
Tim Akpinar
answered on May 15, 2022

I'm sorry your question remains open for three weeks. You describe an urgency in terms of time. At this point, you could reach out to law firms to try to set up a free initial consult instead of losing further time awaiting a response here.

For the disability-related matter, you could...
Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: 25-10-13(M1) Violation of Protection or No Contact Order... if the respondent has violated this and person that placed

Place but the person answered a phone call from the respondent is that a violation as well?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 13, 2022

Legally it does not matter if the petitioner or protected party initiated the contact. If is a violation of an OFP or no contact order if the respondent answers the call if he knows the protected party is the caller or if he continues the conversation upon realizing that the protected party is the... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: will my license be suspended?

i’m in mn, just yesterday i got my 4th speeding ticket i believe? i got it in a different state too?he clocked me going 83 in a 75 but knocked it down to 80 in a 75. my last two speeding tickets were received in april & august of last year, and a “fail to exercise due to care or control”... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 11, 2022

You are looking at your insurance rates going through the roof with this mean tickets on your DL, especially if you keep driving the way that you are. The habitual offender revocation is very date specific. It would be important to have the dates of each of these citations/guilty pleas. The... Read more »

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: The original ticket was written to my wife. She fought it and won, because she wasn't driving but the cop wrote it out t

To her. Two months after the fact a ticket was written to me.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 10, 2022

Your wife has already asked this same question. The answer remains the same.

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I was issued a ticket for speeding and dar. I wasn't driving my husband was. The cop knew that.

I got the ticket dismissed but then they turned around and issued at ticket to my husband. Is that legit?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 9, 2022

I would imagine that the ticket was erroneously issued to you. And that error can be fixed by issuing the ticket to the correct person so long as the statute of limitations on the charge has not expired.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was pulled over in March and a ticket wasn't filed with MN courts until may. Can they do that?
Thomas C Gallagher
Thomas C Gallagher
answered on May 9, 2022

Yes. That delay alone would not be grounds for a dismissal motion. But there may be other ways to achieve defense goals.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: Unmarried parent, the mom is going out of state on vacation and told dad he could take child for the time being.

Mom changed her mind last minute and is bringing her to grandmas house. Is the dad able to legally have that custody time if the mother is out of state for that week. There is no court ordered custody agreement.

Corwin Kruse
Corwin Kruse
answered on May 7, 2022

If there is no court-ordered custody or parenting time, dad has no legal rights to time with the child.

1 Answer | Asked in Criminal Law, Personal Injury and Federal Crimes for Minnesota on
Q: What type of lawyer do I need for catching a stalker?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 5, 2022

This is something law enforcement would help with. Call the relevant authorities.

1 Answer | Asked in Cannabis & Marijuana Law for Minnesota on
Q: the state of Minnesota is the smell of weed in a home probable cause to get a warrant to search it?
Thomas C Gallagher
Thomas C Gallagher
answered on May 4, 2022

It shouldn't be. now that hemp flower is legal, and now that medical cannabis patients can lawfully smoke cannabis flower in their home. But, some law enforcement officers and some judges may not be up to date. So, it's probably a good idea to be careful about that.

2 Answers | Asked in Criminal Law for Minnesota on
Q: is it likely- without a special hearing pretrial- that the court will allow testimony from a now 12yr old about alleged

sexual assault occuring 6+ years ago? this child has a history of making non-sexual accusations and of herself sexually assaulting another child. how far can a defense attorney go in asking questions re: her background?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 2, 2022

At 12 years old, competency to testify would generally be presumed absent additional concerns. An attorney could certainly ask the court for a competency hearing if there were specific concerns about this particular witness’s competency to testify. The additional concerns you raise about making... Read more »

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Can my daughter father take me to court to take my daughter out of state. And she don’t want to go anyway. She is 13

I have legal and sole custody of my daughter

Corwin Kruse
Corwin Kruse
answered on May 1, 2022

If he is adjudicated the father, generally yes.

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