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Questions Answered by Thomas C Gallagher
2 Answers | Asked in Criminal Law for Minnesota on
Q: I’m been charged with a felony assault charge; and the prosecution is considering reducing charges.
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 23, 2022

"Without context, there is no meaning." Call your lawyer to discuss. If you don't have one, call a criminal defense attorney to discuss.

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2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Minnesota on
Q: is it illegal to be underage and high, even if i have nothing on my person/car/property
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 21, 2022

In law school we learn that there is one answer to every legal question: "It depends." It could be illegal to be underage and high, if that person "drives, operates, or is in control of any type of motor vehicle" in Minnesota. To pick another random example, in Minnesota an... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: If I am to receive a citation I should by law have to sign the citation I was never asked to sign any citation
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 19, 2022

Long ago in Minnesota, police could ask a driver to sign an acknowledgment that they received a copy of a traffic citation. But even then if the driver did not or refused to sign to acknowledge receipt, it made no difference. Today, Minnesota's uniform citation for traffic violations does... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was stopped for driving on suspended license I was not given a copy of said citation or I never signed said citation

Or asked to sign said citation

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 19, 2022

Police do not ask drivers to sign citations in Minnesota. If the police officer does not hand a citation to the driver at the scene of the stop, they (or a prosecutor) could mail it to the driver.

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2 Answers | Asked in Criminal Law, Traffic Tickets and Municipal Law for Minnesota on
Q: I was stopped arrested in my affidavit says a citation was issued I was not given a copy of said citation

Or given opportunity to sign the citation

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 18, 2022

I'm a bit unsure about the question, since some of the terminology used in it may be different than as used by attorneys. A traffic stop alone is not an "arrest." When a driver is issued a citation by a police officer, that is done instead of an arrest, normally. In any event, you... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Who is the person that writes the criminal complaint and where did the information cone from

And what if the person that complaint is about disagrees with it then what?

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 16, 2022

A criminal Complaint is a document prepared and signed by the prosecuting attorney for the jurisdiction prosecuting. It is the normal charging document in an adult, Minnesota criminal case. The facts claimed in the Probable Cause section of the Complaint, are generally taken from police... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Theft

I have recently found out that Target may not come after you for one theft but wait until you've taken enough for it to be a felony. If I am concerned about this, what can I do? Obviously, I will no longer take anything from Target, but what else can I do? Stay away from Target and hope and... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 29, 2022

I've said that one big reason to avoid shoplifting is that a thief can get way with it *most* of the time. And that guarantees that they will eventually get caught, get prosecuted. And this is because getting away with it once increases the likelihood the person will do it again - and so on.... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: Is taking my dad hand off of me called assault

He is very proud of the fact that he can push me

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 28, 2022

Under Minnesota's criminal statutes, assault is defined as: "(1) an act done with intent to cause fear in another of immediate bodily harm or death; or (2) the intentional infliction of or attempt to inflict bodily harm upon another." Whether a criminal assault happened would... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I hit a staff but she was very rude and deserved it is this rude to assault her

She broke into my room door out of self defense I pushed her

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 28, 2022

Though viewing a person as deserving of an assault is not a legal defense to a criminal assault charge, evidence that fits Minnesota's requirements for self-defense would provide a defense. If charged with a crime, discuss with your defense attorney.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can the state of mn, violate the terms of an original criminal sentence without an amended criminal sentence,longer time
Thomas C Gallagher
Thomas C Gallagher
answered on Aug 23, 2022

Better, but still not enough to understand what the question is getting at. Call your attorney.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I need answers how a oringinal criminal sentence,that a trail judge agree to and me on the guilty plead.can be violated.
Thomas C Gallagher
Thomas C Gallagher
answered on Aug 23, 2022

It sounds like a conclusion is being made in the "question," but without context. It may work better to simply call your lawyer on the phone.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Will someone please tell me why the state of mn can violate my criminal sentence terms that a judge signed and I plead g
Thomas C Gallagher
Thomas C Gallagher
answered on Aug 23, 2022

I'm not sure what that means. First part of a question that got cut off? In any event, use the phone. Call your lawyer, or another criminal defense attorney.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I bailed a person out of jail on a promise that he would pay me back the same day but he hasn't contacted me yet

What can I do

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 22, 2022

Depending upon the amount, you could sue in conciliation court to try to get a court civil judgment against the person and collect on it. To my knowledge, courts will refund cash bail only to the defendant.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: How long does it take for a DNA test swab to come back?

My brother demanded a speedy trial will they most likely dismiss the case if that DNA test don't come back in time for his trial?

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 16, 2022

Most judges would likely say that is "good cause" for a continuance of the trial date. But the defense attorney can renew the speedy trial demand, move for dismissal, or or pretrial release for no or lower bail.

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2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Can a cop touch and hold a gun in the air after he found it during a body only warrant?

It was hiding in a laundry basket and he was only there for a body only warrant

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 16, 2022

If a police officer is lawfully in a place, then sees possible evidence of a crime, he or she could lawfully examine it. More to the story? Consider calling a criminal defense lawyer on the phone.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: How long can police follow someone in MN after they notice a violation but before they actually pull you over?

Recently my wife was pulled over for "yielding" through a stop sign when making a right-turn at a 3-way stop (the cross street has a yield so she assumed the same). She said, however, that the cop didn't flash his lights / blare the siren until she was a few miles down the road (she... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 15, 2022

As a general rule, if anyone can do it so can police. In other words, if anyone can lawfully drive down the road behind another motor vehicle, police officers can too. In that circumstance they would not exercising any special police powers granted them by law. Police can lawfully follow a car,... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: How much jail time am I looking at if I am convicted of another 5th degree possession charge

I caught a 5th degree or two of them 5 years ago am I looking at longer time if it's my third 5tg degree with in 5 years

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 15, 2022

Tough to know or say without more information. But the Minnesota Sentencing Guidelines call for a presumptive sentence of a Stay of Execution, which could include up to 365 days in county jail as probationary time. For a defendant with priors, most judges will give more time than the defendant... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Why is it when you get a public defender thats rude and don't care about you their is nothing that can be done.

I need a paid lawyer for my son and I can't afford one. He is not mentally right and they keep messing with him. Can I help my son or is he screwed because we can't afford a lawyer?

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 13, 2022

A person represented by a Public Defender does not have the right to replace them with a different Public Defender. But sometimes people either talk to their current Public Defender or their supervisor about it, and get a replacement.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: If officer follows you presuming erroneously initial violation and then sees a legitimate violation, is it a legal stop?

Offices started following me for a wide left turn, which is not a thing since statute in MN does not specify a lane. However then officer saw me cross fog line and pulled me over? Is this a legitimate stop since everything started on the erroneous assumption by the officer that I made an illegal... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 10, 2022

Police justify most traffic stops in two way: violation of (traffic) law; or driving conduct that raises reasonable suspicion of criminal activity (e.g. DWI). If they have either or both, a judge will find the stop lawful. I've won cases where the basis for the traffic stop was... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: If I got an ingestion charge in South Dakota and didn't not ingestthe drug in South Dakota how can I fight this charge
Thomas C Gallagher
Thomas C Gallagher
answered on Aug 8, 2022

Perhaps you live in Minnesota? Nevertheless, if a person is charged with a crime in South Dakota, then South Dakota law would apply. So, the question should be asked of a South Dakota Attorney.

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