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Questions Answered by Thomas C Gallagher
1 Answer | Asked in Criminal Law for Minnesota on
Q: Can someone be asked to take a ua the first court date on a 5th degree posession charge if they weren't arrested for it

If someone receives a summons by mail instead of being arrested for a 5th degree drug charge, could the court order a manditory ua on the first court appearence? Also, would they impose a bail amount as a condition of release if no arrest was made?

Thomas C Gallagher
Thomas C Gallagher answered on Oct 15, 2019

Yes. But in Minnesota we have a Constitutional right to pretrial release without conditions other than money bail. Most judges today will set both a "conditional bail" and an "unconditional bail" amount. Some forget to set the unconditional bail, but will upon request. Your defense attorney... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: can I sue someone in another state?

I gave someone money to buy a car but the person cannot show a proof that they bought the car in my name.

Thomas C Gallagher
Thomas C Gallagher answered on Oct 14, 2019

That is not a criminal law question. A civil lawsuit is not a criminal case.

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: So my friend is from out of state and she got a citation, however, the officer never told her what she owed nor did the

Citation paper. In her home state the officers have to tell you what you owe upon receiving the citation. So my question would be is it the same for us here in Minnesota.

Thomas C Gallagher
Thomas C Gallagher answered on Oct 10, 2019

No. In Minnesota a police officer giving a traffic citation to a driver is not required to tell the driver the amount of the fine; nor is the citation required to state that amount. However, the driver can learn that information online on the court's website or by calling or visiting the court.... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: Accused of theft

On September 22nd I was accused of stealing a wallet at a bar. The sheriff came to my door, showed me a picture from the security camera asked if it was me. I said no, it clearly was not me. She then left. She came back to my house 4 times after that, twice a day for two days. I was at work but saw... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Oct 5, 2019

It's important to avoid a public conviction record, for employment as well as other reasons. Do not speak with police again. Avoid them if possible. If approached by police, tell them you have absolutely nothing to say, you will remain silent and want to consult an attorney. Then remain silent,... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can you explain this in basketball terms? Obstruct Legal Process-Lawful Execution Legal Process
Thomas C Gallagher
Thomas C Gallagher answered on Oct 3, 2019

It would be tough. I know criminal law better than basketball. And some context might help too. The most common fact pattern I see for that charge is someone being aggressively arrested who flinches or pulls away from a painful application of force by an amped up police officer.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: What does Case type Crim/Traf Non-Mand mean on a traffic ticket.

A traffic ticket mailed in has this case type. The mailed portion does not have Endangering life or property checked. The fine itself is less than $200. Is this Misdemeanor charge more serious than speeding traffic ticket?

Thomas C Gallagher
Thomas C Gallagher answered on Oct 1, 2019

Without the benefit of seeing it, that sounds like a misdemeanor offense on the court's list of "payable offenses." A defendant charged with a misdemeanor on the Minnesota court's "payable offenses" can pay the fine without going to court, and so end up with a petty misdemeanor conviction. But,... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Should I hire an attorney for a Traffic misdemeanor citation received for not Yielding to pedestrian

The citation was given after the police officer called me.

She said I didn't drove past a pedestrian and I thought I drove past after the pedestrian had crossed the road.

She also said she had other witnesses. How should I proceed?

The charges are stated as

with... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Oct 1, 2019

When a police officer issues a traffic citation without a traffic stop, there will generally be a lack of proof of identity of the driver. This is so, even when they have an ID on the vehicle plate. When the police officer calls on the phone, their goal is to get a person to admit that they were... Read more »

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1 Answer | Asked in Juvenile Law for Minnesota on
Q: Signed my brother out of juvenile court if he gets in trouble am i legally responsible for him?

If he gets in trouble what happens to me? Am I legally responsible for him now and if so is he suppose to be in my custody? They just had me sign him out and never explained anything to me

Thomas C Gallagher
Thomas C Gallagher answered on Sep 29, 2019

You are responsible for your actions. As long as you are not part of a plan to commit a crime, and avoid committing a crime with another, there is little more you can do to avoid trouble.

3 Answers | Asked in Criminal Law for Minnesota on
Q: I was living in SC and was buying a car from my sister and I moved back to MN and she reported the car stolen, so I was

picked up and charged and did all my courts in MN. But there is still a warrant for my arrest in SC even though I was convicted for it in MN. How do I fix it?

Thomas C Gallagher
Thomas C Gallagher answered on Sep 25, 2019

Were charges filed in South Carolina only, Minnesota only, or both? If the only charges were filed in a Minnesota Court, all arrest warrants related to that case should be satisfied and gone, once cleared in Minnesota.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Does any citation to court requeires for a lawyer support?

This question is linked to the "passing by school bus infraction" one. I know that at any court I can get a lawyer. But, for what I understand by your previous answer, that this infraction is not simple a "payable offense", Should we hire the service of a lawyer to go to court? Our guess was simple... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Sep 25, 2019

Most people would want to avoid a conviction, to keep their public record clean. A conviction for this offense (by pleading guilty) would not only be a public court record of conviction, it would also go on the driver's license record. That in turn could cause driver's license problems,... Read more »

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Why someone is asked to appear at court by passing a school bus when the stop arm was out instead of getting a ticket?

A police officer visited this person, who committed the infraction, to simple take a declaration. But instead of giving him/her a ticket he told him/her that he/she will receive a court citation. This happend a year ago. But the notification arrived few days ago. Is this the usual way to treat this... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Sep 25, 2019

Minnesota: Normally a court appearance is required for a misdemeanor or gross misdemeanor criminal charge. A traffic citation is a summons to court, unless the charge is a petty misdemeanor or "payable offense." The person named in the charge should go to court to try to prevent a conviction.

2 Answers | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: what is control? and what is dominion? of a fire arm. can I as a felon go hunting with my son?

can a convicted felon be in a vehicle with another non-felon on a hunting excursion? this would include hunting fire arms. can a convicted felon have a dependent in possession of fire arms, or a can said dependent have a concealed carry permit fire arm? would I as a felon be able to go hunting with... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Sep 24, 2019

I discuss this issue extensively on my Liberty-Lawyer.com at https://liberty-lawyer.com/practice-areas/gun-defense-attorney/firearm-possession/ The concern is being accused of a crime as an ineligible person in possession, which carries long mandatory-minimum prison sentences, both state and... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Job application question. crime for a sale of cigarettes to a minor in Minnesota that was deemed as a petty misdemeanor

Currently applying to a few jobs and if the question arises on a an application for if you have ever committed a crime does this count? I was hit by a sting operation years ago. The conviction was a petty misdemeanor which is also considered not a crime in Minnesota, and does this also show on... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Sep 20, 2019

Under the Minnesota Court Rules of Criminal Procedure, Rule 23.02, "Certification as Petty Misdemeanor by Sentence Imposed," "A conviction is deemed a petty misdemeanor if the sentence imposed is within petty misdemeanor limits."

If a person was charged with a misdemeanor crime, then was...
Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: Job application crime question based on past sting deemed petty misdemeanor

Currently applying to a few jobs and if the question arises on a an application for if you have ever committed a crime. I was hit by a sting operation years ago for selling cigarettes to a minor. The conviction was a petty misdemeanor which is also considered not a crime in Minnesota. Does this... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Sep 20, 2019

Under the Minnesota Court Rules of Criminal Procedure, Rule 23.02, "Certification as Petty Misdemeanor by Sentence Imposed," "A conviction is deemed a petty misdemeanor if the sentence imposed is within petty misdemeanor limits."

If a person was charged with a misdemeanor crime, then was...
Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: How can a person be found guilty of a decade old crime with no evidence, over hear says and her story changed many time

And it sat on a person's desk for 17 months before being charged

Thomas C Gallagher
Thomas C Gallagher answered on Sep 17, 2019

I'm not sure what this refers to. But it sounds like a job for a good criminal defense attorney.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Drugs were found in a vehicle that was being searched for stolen property

They searched a storage unit that someone rents and a vehicle that is on that property .

Thomas C Gallagher
Thomas C Gallagher answered on Sep 15, 2019

And? Was there a question?

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: State trooper pulled over wife in town for not wearing seatbelt

She was leaning forward in car and stated he did not see seatbelt when next to her. She was pulled over and license was in baby bag behind her. She removed seatbelt while stopped and reached back to get it. When officer arrived stated that he stopped her due to not wearing seatbelt and when she... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Sep 14, 2019

I suggest going to court to fight everything. Talk to the prosecutor. If needed set it for trial. Put the state to its burden of proof. A lawyer would help, of course. But do it even if you don't have one. The might be a squad car video that may help prove it.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can the police enforce 1/2 of an ordinance and not the other.
Thomas C Gallagher
Thomas C Gallagher answered on Sep 11, 2019

This is one of those questions stripped of context. In general, police have discretion in deciding whether or not to enforce a law. Those police let go with a warning only, rarely complain.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Is seeing a needle that is closed and shut tight a plain view item in mn although not deemed paraphanalia

The needle was not yet used and was capped

Thomas C Gallagher
Thomas C Gallagher answered on Sep 10, 2019

Context can make a big difference. But diabetics use needles for insulin, which is not an illegal drug.

2 Answers | Asked in Car Accidents and Traffic Tickets for Minnesota on
Q: "At-fault" accident, Petty misdemeanor citation, full coverage-SF, no tickets past 10yrs. benefits outweigh atty fees?

Just trying to find out if I can get an advocate near MSP South metro area to help my mother through this rear-end accident. Willing to pay if short/long-term benefits outweigh upfront cost.

Thomas C Gallagher
Thomas C Gallagher answered on Sep 5, 2019

It's tough to know whether it's worth it for someone else. But when I get a traffic ticket, it's always worth it to me to fight to keep it off my record. Why? I usually succeed. And if I don't, the record can't get any worse than what would otherwise happen. The only cost for me is time and... Read more »

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