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Questions Answered by Thomas C Gallagher
2 Answers | Asked in Criminal Law for Minnesota on
Q: My girl friend is in jail in Mississippi right now for contemt of court

Because she was in jail in another place

Thomas C Gallagher
Thomas C Gallagher answered on Dec 3, 2021

Each state has different laws. Check with an attorney in that state.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: If you are being charged with dangerous weapons furnishing to minor what could possibly happen
Thomas C Gallagher
Thomas C Gallagher answered on Nov 30, 2021

Take a look at the Complaint, listing the criminal statute(s) charged, along with the maximum possible penalties. Then use that information to determine the presumptive sentence on the Minnesota Sentencing Guidelines. Finally, consider that with help from an experienced criminal defense attorney,... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I received a Citation for speed in the mail for a violation I did not commit how should I proceed?

Do I have any recourse for time lost fighting this false Citation?

Thomas C Gallagher
Thomas C Gallagher answered on Nov 27, 2021

Contest it in court, ideally with a defense attorney's help. No, it's unlikely that a person could get compensated after winning a traffic citation case.

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2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: Can court records, like mental health records, be sealed from the party they pertain to?
Thomas C Gallagher
Thomas C Gallagher answered on Nov 25, 2021

It's possible in the right case. See Minnesota Statutes Section 253B.23, Subd. 9.

https://www.revisor.mn.gov/statutes/2019/cite/253B.23

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2 Answers | Asked in Civil Rights and Criminal Law for Minnesota on
Q: I was came onto by and underage girl from NC she’s 17 I’m 27. Her dad is seeking legal action against me. What do I do?

She matched with me on a dating app. Where I think it stated she was above the legal age. She Flirted with me for a couple days, then let me know she was 17. I told her nothing could happen between us physically until she turned 18 in December. She continued to be suggestive and flirt with me ie... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Nov 20, 2021

A common scam. I'd cease all communications, block, ignore.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a judge that signed a warrant out for your DNA be on your case
Thomas C Gallagher
Thomas C Gallagher answered on Nov 19, 2021

Yes. But you can discuss with your attorney whether grounds exist to ask the judge to recuse himself, or whether there is still time to file a Notice of Removal.

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Person A was blackout drunk and hit person B with an object on the head. If person B presses charges what would happen?

Person B sustained unknown injuries but we can assume a mild concussion and mild lacerations

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

If police are aware of those facts, a felony "Assault 2" charge seems likely. Voluntary intoxication is not likely to be a defense. The person accused will need a criminal defense attorney.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: School bus-stopped back 30 feet from stop sign, me-stopped at opposing stop sign. I took a left. Legal or not?

2 way stop/4way intersection. Bus flashing red across from me but stopped at least 30’ before stop sign.

Thomas C Gallagher
Thomas C Gallagher answered on Oct 29, 2021

Take a look at Minnesota Statutes sec. 169.444. It difficult to identify a clear rule there that would prohibit what is described, though more facts may be relevant. In any event, I would fight it, and try to prevent a conviction record.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I just want to know what will be the consequences of your first time getting arrested on a 609.546,but don’t know stolen

Like for example my cousin had pick me up to take me to my girlfriend house but I didn’t know the. Vehicle was stolen he lied to me saying it was legit and I had a clean record never been arrested

Thomas C Gallagher
Thomas C Gallagher answered on Oct 28, 2021

The consequences of being arrested are typically minimal. But the consequences of being convicted of 609.546 MOTOR VEHICLE TAMPERING, is a misdemeanor: a maximum of 90 days jail and-or $1,000. Worse, would be having a public criminal record of conviction, bonus points for a crime of dishonesty.... Read more »

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2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: In 2017 my ex convinced me to pay an extra $2,400/yr to cover 50% of our special needs son's summer camp.

I agreed to pay an additional $200 per month ($2,400 /yr) based on the cost of $4,800 per year for [our son's] special needs summer camp. However the invoices from [the special needs summer camp] were 2019: $3,600.00, 2020: $0.00, and 2021: $3,120.00 resulting in an over-payment of $3,840.... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Oct 26, 2021

You could report it to police and-or your local criminal prosecutor's office and see what they say. I doubt they'd be interested in criminal prosecution. Give your family law attorney a call, or an attorney doing civil litigation work. Only the government can file a criminal Complaint.... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can order for protection be enforced if the birth year is not correct on the order for protection
Thomas C Gallagher
Thomas C Gallagher answered on Oct 26, 2021

The issue may be one of identification. And that could depend upon a multitude of factors, depending upon the situation. I would not suggest that the Respondent in such a case tempt fate, however.

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Minnesota on
Q: If a judge lies in his findings that a doctor testified the "victim" had injuries when the doctor said opposite = fraud?

Is that not the definition of (fraud on the court) or judicial error?

Thomas C Gallagher
Thomas C Gallagher answered on Oct 23, 2021

Unlikely. After all, fraud is a deliberate act with the intent of obtaining an unauthorized benefit, by using deception, believed and relied upon by others. If a judge describes witnesses testimony as being the opposite of what is in the transcript, that could be error, perhaps even reversible... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I get help with getting my car released from police homicide hold?

I m looking for help. My car was taken by the police early September it is still on a hold according to defective it is on a homicide hold. That is all the information I was given. Im wondering if there is anything you all can suggest in hope that my car can be released

Thomas C Gallagher
Thomas C Gallagher answered on Oct 18, 2021

You could contact the police investigator to see if they are done with it, and will release the police hold. Or you could file a motion in court under the Return of Property statute. But police can respond to that that the car is evidence. Whether the judge believes that may be another matter.

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2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Traffic Tickets for Minnesota on
Q: How much is seen by insurances on speeding ticket? For example, are officer comments seen/looked at?

A few months back I was pulled over for speeding. The officer asked if I had been drinking and I told him that I had a few drinks earlier in the night. I performed some Field Sobriety Tests and was asked to use a breathalyzer. The breathalyzer showed a blood alcohol content of .079. Being that the... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Oct 18, 2021

The citation with officer notes may be possible to see. But my understanding is that insurance companies look at the Driver's License Record from the Minnesota Department of Public Safety, including the statute of conviction, date of conviction, incident date. Filed Sobriety Tests and the... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I have 3 warrants which are misdemeanor, late child support, failure to appear and unsupervised probation violation

What am I looking at for time is there going to be bail? And allegedly cops have stopped old residence for my warrants and also said I'm looking at being charged with other charges due to my purse and cell phone being found miles from area where a person fled from state patrol in stolen... Read more »

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

Once your attorney has the criminal Complaint(s) and Sentencing Order(s), they will be able to tell what the maximum and more likely amount of jail time is possible. The court would likely set bail on the new charges within a day or two (excluding weekends). But on the probation violation, it... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: if i have a trial and it includes no lawyers, could i motion for a lawyer?

i have a trial coming up and was stated no lawyers, could i motion for one?

Thomas C Gallagher
Thomas C Gallagher answered on Oct 6, 2021

An accused person has the right to a lawyer in a criminal case, either a private, paid lawyer, or a public defender appointed by the court for indigent people. You don't indicate what kind of case it is.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: If the minimum sentencefora case is 5 years does that mean that you must do 5 years in jail or could the judgeorderles

For instance could it be 1 year in jail and 4 years house arrest

Thomas C Gallagher
Thomas C Gallagher answered on Oct 3, 2021

That varies depending upon the specific criminal statute. Call a criminal defense attorney with more specific information.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got a speeding ticket going 74 in a 55. I had turned onto the state highway and did not see a posted speed limit.

Can I contest it and report that? Is it worth it/will it get me out of my ticket?

Thomas C Gallagher
Thomas C Gallagher answered on Oct 1, 2021

Yes, of course, every speeding ticket can be contested, and should be. Focus on the desired outcome. Perhaps that can be met by agreement. Next, gather all facts and keep an open mind to all possible legal defenses. That defense may be the best available, or another might be better. If it's... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I recently received a speeding ticket while driving in Wisconsin. Will it affect my Minnesota record

I'm a Minnesota resident

Thomas C Gallagher
Thomas C Gallagher answered on Sep 23, 2021

If convicted (by paying the fine or losing a trial), yes. Wisconsin will report the conviction to the Minnesota Department of Public Safety for inclusion on the driver's license record (assuming a Minnesota driver's license). To avoid that, fight the ticket in Wisconsin to try to... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: So my probation expired on the 18th of this month still have two things to do

Have been good and outstanding the whole time on probation with no violations

Thomas C Gallagher
Thomas C Gallagher answered on Sep 21, 2021

It's difficult to understand what might be a question here. Is the situation one where a person is on probation in a criminal case, and the period of the stayed sentence is about to expire, but two conditions of the stay have not yet been completed? If so, the Probation Officer may ask the... Read more »

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