Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Thomas C Gallagher
2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I am in MN. have two charges from the same incident. They both Domestic Abuse charges.

This is my first time facing these types of charges. There is a No Contact order with my Mom (the alleged victim) that she doesn't understand.

I am scared I am going to go to jail. My Mom said they would just give me probation. She does not want me to go to jail. She also is afraid... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 27, 2023

Facing a criminal charge is a difficult experience. Especially in domestic assault cases, I suggest looking at both long term and short term problem-solving. The long-term is most important, of course. And the trigger for most long-term consequences is "conviction." So a good goal may... View More

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: I received a citation for indecent exposure and on the citation it is not marked to go to a court hearing.

Yet,I received a notice for a court appearance. So for a misdemeanor charge can one pay the fine and not have to go to court? Also the city attorney sent a letter about being booked after my court appearance. Yet, i wasn't arrested just given a citation.

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 20, 2023

Most people facing a misdemeanor charge would like to prevent a conviction record. It will require appearing in court, until resolved. To get the best outcome possible, you'll need help from a criminal defense lawyer. So your best next step would be to contact a criminal defense attorney... View More

View More Answers

2 Answers | Asked in Criminal Law and Libel & Slander for Minnesota on
Q: Can a "witness statement" be used for probable cause to detain? Even if he has an alibi.

Boyfriend charged with 1st degree felony arson due to witness statement but in the second part of her statememt it was proved by firefighters she was wrong.

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 19, 2023

I've seen a witness statement used as probable cause to detain. But I have also challenged whether such a witness statement actually supported probable cause, after the detention, in front of a judge. That issue should be evaluated in light of all available evidence and pretrial discovery,... View More

View More Answers

1 Answer | Asked in Criminal Law for Minnesota on
Q: I found a phone at casino 4 months ago was gonna turn it in but got in argument with fiance & left casino but realized

& left it in the parking lot now being charged with theft is this legal even though I never kept the phone & I talked with security & was banned from casino for year & told charges weren't being pressed?

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 16, 2023

A person facing a theft charge in court needs help from their own criminal defense attorney. The prosecuting attorney has no personal knowledge, and is prosecuting based upon what they've been told. So, the legal process requires perseverance, patience, and sustained effort over time, in... View More

3 Answers | Asked in Juvenile Law and Education Law for Minnesota on
Q: I have a 12 yr old sixth grader. Has mental illness p.t.s.d. and more. Can he be charged with assault?

Has a I.E.P and behavioral plan. The public schools do not know how to regulate a child with disabilities. So he has always struggled in school. Wright county is trying to charge him with 4th degree assault on a officer (felony) and 4th degree assault on school staff.

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 3, 2023

Age alone would not be a defense to assault charge for a 12 year old. But there are many defenses to an assault charge. Among those mental illness can sometimes be a defense. But I'd suggest keeping an open mind, and working with a defense attorney to get all the available information... View More

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a defense attorney get a report from the bca or is it only the prosecuting attorney that can do that?

I believe the bca lost the evidence but my attorney says he is waiting for the report from the prosecuting attorney. It's been 7 months already. Also they keep asking me if I want to plead out.

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 2, 2023

Normally the police and-or prosecuting attorney get reports form the Minnesota BCA lab after they send in a sample for testing. Then after the prosecutor gets the report(s) form the Minnesota BCA lab, they can forward a copy to the defense attorney.

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: Ofp

If the petitioner stops at say a gas station and is unaware the respondent is there, is it up to the petitioner to leave immediately? I have an ofp on my ex and he has it in his mind that that if he is there first I must be the one to leave. (I have to fuel up at this station for work) Ofp states... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 22, 2023

A family court "Order for Protection" (OFP) restrains only one of the two parties, upon pain or arrest and criminal charge for a violation. An OFP restrains the Respondent not the Petitioner. But in the event of mutual OFPs, both parties could be restrained. Read the OFP itself for clarification.

View More Answers

1 Answer | Asked in Criminal Law for Minnesota on
Q: Basic ofp order question.

If the petitioner stops at say a gas station and is unaware the respondent is there, is it up to the petitioner to leave immediately? I have an ofp on my ex and he has it in his mind that that if he is there first I must be the one to leave. (I have to fuel up at this station for work) Ofp states... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 20, 2023

Other way around. An "Order for Protection" ("OFP") in Minnesota will have a Petitioner and a Respondent, the two parties in the case. The only person who can be arrested and charged with a crime for violating the terms of the OFP, will be named in the OFP, and typically that... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I was charged and appointed public defender. State attorney filed to have a certain judge removed from my case . I was

Never informed about this . Recieved a probation sentence and violated . Was resentenced by the judge state had removed . Is this lagit

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 12, 2023

Was the a contested hearing in front of a judge? Or was a settlement agreement reached before that (as often happens)? Did the defense object to the judge presiding after the state had removed? It doesn't sound like a winner so far, but you may want to have a discussion about it with your lawyer.

View More Answers

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Does MN State law require you to be notified of a traffic citation that was e-filed? Never received anything in mail.

My 16 year old son received a notice of late payment from the MN Court Payment Center for a citation that was issued over 30 days ago. I called the police department and was told the citation was e-filed. Went to the state court records online and verified that the citation was e-filed. We never... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 10, 2023

One of the courts' most important jobs is to ensure that each citizen enjoys their constitutional right to due process. Due process includes procedural fairness; and the right to notice and an opportunity to be heard, by a fair and neutral magistrate. In general, the more the government... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Am I able to request that my ofp be turned into a danco?

I have an ofp on my ex and have had it renewed, if u will 3 times over the last almost 5 years. He has been violated on this ofp. He recently bought a house on my road and is even closer to my home then before. Just out of the 1000ft ordered range. He drives by all hours of the night and is... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 4, 2023

No. a court cannot turn an OPF into a DANCO. A DANCO (Domestic Abuse No Contact Order) is based on a statute that allows a court to issue such an Order in a criminal case. So if a person is a defendant in a criminal case involving "domestic abuse" then the judge could issue a DANCO... View More

View More Answers

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can the cops search your place if no one is home with a warrant
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 21, 2023

If the police have a search warrant (signed by a judge) they can break in when no one is home, and search. Usually they conduct surveillance so that they can execute the search warrant when the targeted person(s) is home. But sometimes they decide to do it when no one is present.

3 Answers | Asked in Criminal Law for Minnesota on
Q: How do I go about being falsely accused of theft in a city I've never been. I don't know how to go about it to clear it.

Theft charges in a place I've never been. There's a remote hearing scheduled but I don't know what to do. They say they have a video can I or how do I request the video. What are the best steps to take.

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 12, 2023

Failure to appear for a court hearing can result in an arrest warrant. So, most people will want o appear to avoid that, and the problems that an arrest warrant would cause. The best first step is to get help from a criminal defense attorney - either a private or a public defender. Then your... View More

View More Answers

3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: can law enforement keep your under survellance based on false accusations of criminal activity
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 9, 2023

Law enforcement can watch (surveillance) in all the ways the public lawfully can. Plus, they can do things the public cannot, such as seek a search warrant. or an peace officer arrest. But for those, they could be required (by a defense attorney) to show justify those actions at some point, to a... View More

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: Were my rights violated?

I was supposed to get a jury trial to decide the outcome of my case, but the judge decided it all instead. Me and my boyfriend had the exact same charges, but he was given a much lighter outcome than me. I'm very confused and feel like I've been messed with a bit.

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 30, 2023

In Minnesota, everyone accused of a crime by the government has the right to a jury trial. That does not apply to a Minnesota "petty misdemeanor" since that is defined as not-a-crime, and no jail is possible. But for every criminal charge, there will be a jury trial, unless the charge... View More

View More Answers

2 Answers | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for Minnesota on
Q: Can i find an attorney for a trial that starts tomorrow for False Allegations of Sexual assault and Maltreatment, MN?

Complex Case: Criminal CPS cases dismissed. Civil current. Appeals? Indefinitely suspended FamilyPT, Juvenile history. Lawyer terminated our client/att. Relationship. Cannot find anyone to represent me. Urgent ExParte; Daughter attempted suicide due to forced to lie about accusation and father... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 29, 2023

As a practical matter, the day before a trial begins is too late to retain an attorney in that case. That should be avoided by retaining an attorney near the beginning of a case. The best option "the day before trial" might be to ask the judge for a postponement of the trial, to allow... View More

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: How do I handle a speeding ticket in MN?
Thomas C Gallagher
Thomas C Gallagher
answered on Aug 28, 2023

Contact Court Administration, to request a court appearance date. Most people want to prevent a conviction being certified by the court to the Minnesota Department of Public Safety (driver's license record). So, they see if the prosecutor will agree to a disposition that will not result in... View More

View More Answers

1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: recently lost my DL due to test results that came back positive, what is the next step to getting my license reinstated?

I was parked in a gas station parking lot when an officer pulled in behind me activating his lights, he claimed he was pulling me over for a loud muffler. I did in fact have an exhaust leak. The officer stated my eyes were red ( explained due to the exhaust leak) he asked me to take a field... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 26, 2023

If police give a person an administrative Notice of Revocation of driver's license, then it's important to file an "implied consent" court challenge to it, within the 60 day time limit (or it will be forever barred). However, most will want to do so ASAP, since the sooner the... View More

1 Answer | Asked in Criminal Law for Minnesota on
Q: If a search warrant was executed and cash and alleged drugs were confiscated does the receipt have to have amounts?

For money and drugs

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 21, 2023

Isn't the question really, "If a search warrant was executed and cash and alleged drugs were confiscated, what would the significance be of the receipt not having amounts?" Two come to mind. First, police and the prosecution may be doubted about later made claims about amounts, to... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: I was caught on camera 26 time.forgetting to scan something…over a period of time . They stopped me and call the police.

he gave me a citation and told me to watch for a court date and this was at her yet what do I need to do? I do feel I rush and don’t pay attention to close when scanning or missing….. please give me advice

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 17, 2023

First, do what needs to be done to ensure that never happens again. (Perhaps, never use to self-check out lane again.) Next, set a goal for outcome in the criminal case. (Perhaps "avoid a conviction record.") To help accomplish your goal, get help from a criminal defense lawyer, either... View More

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.