Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Thomas C Gallagher
2 Answers | Asked in Criminal Law for Minnesota on
Q: Can cops use probable cause if they seen a person at my place that's wanted?
Thomas C Gallagher
Thomas C Gallagher
answered on Aug 5, 2022

The question as stated is unclear. "Use probable cause" to do what? If someone has been charged with a crime, it would be a good idea to call a criminal defense lawyer on the phone, for a dialogue.

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: What happens if you lose a trial in Minnesota?
Thomas C Gallagher
Thomas C Gallagher
answered on Aug 5, 2022

Assuming a criminal trial, if the defendant "loses" a trial that would presumably mean a guilty verdict. If the judge accepts the guilty verdict, the court (judge) would then have sentencing jurisdiction over the defendant, and would schedule a sentencing hearing, among other things.

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: If you have 2 charges and one of them came back inconclusive for drugs can they dismiss the whole case?
Thomas C Gallagher
Thomas C Gallagher
answered on Aug 4, 2022

The question as written, is unclear. You may be better off picking up the phone and calling for a dialogue about it. (For example, are both charges drug charges? Etc.)

View More Answers

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Have Minnesota Driver License. Will Illinois 'court supervision' for the IL ticket keep my MN driving license clean?

I have a Minnesota driver license with no violations. I'm a MN resident but while traveling in IL was issued a speeding ticket in IL. Illinois offers 'court supervision' and attend a 4 hour safety course which IL says would keep my record clean for insurance.

QUESTION: Will... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 2, 2022

In Minnesota, if a person is "convicted" of a driving-related offense, then the Court Administrator will "certify the conviction" to the Minnesota Department of Public Safety, which in turn would then place the conviction on the Defendant's Driver's License record. So... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: Help I need to find a lawyer that can help my son in a legal matter we don’t have much money but will do anything I can

He supposedly burn down a porta potty on accident but they didn’t tell him or me about the court date that mad him miss it the cop that arrested him didn’t do it by the book made sure my son went into a meltdown where he blacked out and turned it on him saying my son was trying to hit him or... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 2, 2022

I would suggest: 1. Recommend that he apply for Public Defender representation. 2. Work with Public Defender to explore options for clearing the arrest warrant.

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: How long can someone sit in jail before the feds come and get them they are currently waiting for trial.
Thomas C Gallagher
Thomas C Gallagher
answered on Jul 30, 2022

We would need more information about the case to be able to answer that. Has the person been charged with either a state or federal crime already? Have they appeared in a state or federal court yet? Etc.

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a defendants case not go federal if the search warrant had flaws in there movements while conducting it?

They did a DNA swab for a gun and had the swab on the hood of the cops car collecting dust. They did a test for drugs and it came back inconclusive. They had 3 different search warrants every time they found something. And it looks like they forged the judges signature. They found the gun in the... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Jul 30, 2022

The defense lawyer on the case should get access to information that would yield answers to many of those questions.

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: What happens if the cops show up with a body only warrant n they don't find the person there but found other stuff?

They came open up my camper door.

Thomas C Gallagher
Thomas C Gallagher
answered on Jul 30, 2022

Police lawfully entering on an arrest warrant, likely will be found to be able to lawfully seize evidence of a crime or illegal items they observe, assuming they looked where the person could be. There may be limits, however, that your lawyer could use to argue to a judge that the search was... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a judge release you at your trial if your DNA results for a gun charge don't come back in time for your trial?
Thomas C Gallagher
Thomas C Gallagher
answered on Jul 27, 2022

Assuming a person is on trial for a criminal charge involving possession of a firearm, the prosecutor might have more evidence of possession, in addition to DNA evidence. But if the trial proceeded without the state's DNA evidence having been analyzed by a lab scientist yet, that situation... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can gun charges stay tribal on indian reservations?
Thomas C Gallagher
Thomas C Gallagher
answered on Jul 25, 2022

It may depend upon the facts and which law(s) police & prosecutors imagine were violated. In Minnesota, depending upon the Indian Reservation, there could be tribal, federal or state prosecution. Call a lawyer on the res. to discuss.

View More Answers

2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: How.many.years.can.you.get for a felon in possession of a firearm? It was a AR-15 gun and this happened on the red lake

Happened on red lake Indian reservation

Thomas C Gallagher
Thomas C Gallagher
answered on Jul 23, 2022

If convicted, a prison commit is likely. Much will depend upon the prosecuting jurisdiction, which will apply its own laws.

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can the prosecutor change the original criminal offence date of witness after making plea deal?

Prosecutor changed original offence date of witness after making plea deal to match date that the defendant alledgedly committed offenses so witnesses testimony in court would be valid.I have both court documents showing date was changed immediately after plea deal was made.

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

A criminal Complaint is a charging document, prepared by a prosecutor making factual claims the prosecutor must prove at trial to avoid dismissal or acquittal. The prosecutor can amend their Complaint, until the beginning of the trial. If a witness makes contradictory statements of fact, the... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: What exactly is a probable cause hold on a drugs- 5th degree charge?

What does it mean probable cause what did that consist of?

Is it always wait for a court date or could they be released without a court date?

What is the common outcome of this type of charge?

Thomas C Gallagher
Thomas C Gallagher
answered on Jul 21, 2022

More than one possibility. Here's one: a search warrant is executed at someone's house. As a result, someone is arrested and booked into jail on "probable cause" (since a prosecutor has not had time to draft a Complaint). That person might be released with hours without bail,... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: What does it mean when the charge details say Drugs-5th DEG,

Reason for arrest: probable cause

Severity of charge: PROB CAUSE

0$ Hold W/O BAIL?

What does this all mean?

Thomas C Gallagher
Thomas C Gallagher
answered on Jul 21, 2022

Sounds like a jail roster, where the jail is tersely explaining why the person was booked into jail: on "probable cause" Controlled Substance Crime 5th Degree. "Hold without bail" means the person can be held longer without being charged or released without bail. Alternatively,... Read more »

View More Answers

2 Answers | Asked in Criminal Law and Traffic Tickets for Minnesota on
Q: Do I have to show ID when pulled over

Here’s the scenario; I’m in a friends car, my friend is driving and my friend runs a red light or breaks some type of law and we get pulled over. the cop ask for the My friends drivers info and then comes back and asks for my identification do I have to give it to them even tho I haven’t done... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Jul 21, 2022

In Minnesota, you generally don't need to carry or show proof of identity to police. But there are legal exceptions, such as the requirement of showing a drivers license is driving. A passenger need not bring an ID, and can refuse to show an ID to police if they have one on their person. In... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can cops seize anything in a person's home if they were there for a body only warrant?

They did a DNA swab and had it on top of the hood of the car for DNA for a firearm. Would that come back inconclusive?

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

A police officer executing an arrest warrant may go into a place where the person named in the arrest warrant is, such as a person's home. While lawfully there, they might observe illegal contraband. If so, a judge may rule that their seizure of that evidence was lawful. But, a criminal... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a cop serve you with 3 different warrants

They were there for a body only and came opened up my trailer door and they looked inside n found drugs n a firearm n came back with warrants for them

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

Yes.

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: can passengers be asked their info during a stop while in a Uber?

My boyfriend and I got pulled over while in a Uber. The driver ran red light cop took his info. The officer came back asked me and my bf our names My boyfriend gave them a fake name because we have an protection order. The cop said “she has a protective order w John”. The cop went to his car... Read more »

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

Assuming a lawful stop of an Uber driver, can police lawfully ask a passenger for identification information? Generally, yes - unless the detention was unreasonably prolonged or intensified. Can the passenger refuse to provide that information? Generally yes. However, in my experience at least... Read more »

View More Answers

2 Answers | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: Regarding execution of search warrant of House: Searches & Seizures, State of Minnesota

Are officers required to acquire consent of the home owner and/or property owner, whom is not the individual indicated by the search warrant, to open locked containers within the area described by the warrant to be searched, and are they required to unlock and open said containers in the presence... Read more »

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

The answers to those question will depend upon the facts and evidence in the case. The criminal defense lawyer should gather all of that, and then analyze it under the law. I can tell you that I have won cases based upon a police search going beyond the scope of the search warrant. But these... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a prosecuter withhold telling their witness is out on bond for felony drug charges
Thomas C Gallagher
Thomas C Gallagher
answered on Jul 3, 2022

Telling the defendant? I would normally make a discovery demand for criminal history and impeaching information on witnesses for a Minnesota prosecutor. The defense can also investigate prosecution witnesses independently.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.