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Questions Answered by Thomas C Gallagher
2 Answers | Asked in Criminal Law for Minnesota on
Q: What are my options for being charged with misdemeanor theft?

My old boss fired me in March 2020 for using Rakuten (rewards website) to get points and coupons when ordering everything for the office. No money was ever taken from her directly. I was unaware that it was unlawful to use unused benefits. Now I have a court date for being charged with a... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Aug 13, 2020

There are many different things that a criminal defense attorney like me can do. For the defendant, the real question is much more simple: "Will I retain a criminal defense attorney, or not?" Every week people call me about serious problems they are having because they were "young,... Read more »

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Could a prosecutor amend a speeding ticket that was reduced, if I contest it?

I was stopped by a state trooper for speeding and was issued a ticket for 9 mile over the limit, noting that the trooper claimed I was going faster.. I have a clean driving record and do not want a conviction. I am unemployed due to COVID and cannot afford a lawyer. If I contest this hoping to get... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Aug 10, 2020

If your goal is to keep it off of your driver's license record (it is for most), then research a Minnesota "Dimmler law" outcome. If the ticket qualifies, you might not need to go to court to accomplish that. Otherwise, you have nothing to lose by contesting it. What's the... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: If a drug dealer is arrested is it for an individual who bought drugs from that person be charged in a "conspiracy"

And If the investigating officer makes the decision to frame it in that manner, what legal requirements need to be met for the user to be alleged to be part of the conspiracy?

Thomas C Gallagher
Thomas C Gallagher answered on Aug 10, 2020

I have never seen or even heard of a person who only bought illegal contraband facing charges for an illegal sale, even conspiracy to illegally sell. That sounds like a tall tale. But if someone has been charged with a criminal conspiracy, they need a lawyer, now. Call me if you'd like some help.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I have been falsely charged and a warrant issued against me in wisconsin, without even one shred of evidence.

l have fought for,and gained custody of my 4 yr old son,after his mother was killed in a tragic auto accident in Minnesota. Before she died,her other child's father,who l have never met,or even spoken to, filed completely fabricated misdemeanor charges against me,without even one shred of... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Aug 9, 2020

Unfortunately, false claims accusing innocent people happen every day, and to many of my clients. But since this is a apparently Wisconsin criminal case (happened there), be sure to get criminal defense attorney in Wisconsin.

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Driving tickets from 8 and 9 years ago.

I recieved 2 tickets for driving after suspension one in 2011 and one in 2012. I have a feeling i paid them but do not have any proof of payment. I also had a judegement against me which now has expired and received a letter from the lawyers office that they are not going to reinstate the... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Aug 8, 2020

Give Diversion Solutions a call, and ask about their DRIVER’S LICENSE REINSTATEMENT PROGRAM. Also, do a web search and check out their site. They help people who owe court fines get their Minnesota Driver's Licenses back.

3 Answers | Asked in Criminal Law for Minnesota on
Q: Are indictments the same as charges?

if I was charged with a crime but haven't gone to court yet, and I fill out an employment application that asks for convictions or indictments, do i need to list my charges?Example: charge - 5th degree assault or D.A., is that an indictment?

Thomas C Gallagher
Thomas C Gallagher answered on Aug 3, 2020

In Minnesota, an indictment is a charging document issued by a Grand Jury. But few cases are charged that way, other than federal court. The vast majority in Minnesota state courts are by Complaint, another type of charging document. So, while all Indictments contain criminal charges (unproven... Read more »

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3 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for Minnesota on
Q: If you where ror and your conditions of release was 2 years probation. you miss your sentencing court what will happen

What will happen when you missed your sentencing court date and have failure to appear warrants but you where originally ror with conditions of release being 2 years probation. What will happen when you turn yourself in on the warrants and to what your conditions of release change for having the... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Aug 3, 2020

What a judge may do will likely depend upon all the known facts and circumstances. Your lawyer should have all that information, but I do not. To clear the warrants, turn yourself in at the jail in the county where the sentencing court is located. Ideally, make prior arrangements to coordinate... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for Minnesota on
Q: What would be the out come when my boyfriend goes and turns his self in for 3 warrants that are for failure to appear

They are for a DUI and a domestic and for violating a danco. He had missed his sentencing court date on 1/29/20 and the domestic and the violation would have been dropped that day as I had to talk to people because the judge was the one who was pressing the charges for the domestic as I did not... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Aug 3, 2020

It's extremely unlikely that a person who "failed to appear" six months ago, for a sentencing hearing would be able to clear arrest warrants in any way other than by turning themselves in at the jail for booking (or getting caught at a more inconvenient moment). His lawyer can... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Is there a law against throwing lit fireworks at someone?

Hello. A law enforcement officer told me that there is no law against throwing lit fireworks at someone or at their moving car. This, after running at them to do so. Is it legal to light fireworks and throw them at people and at cars in the State of Minnesota? If not, what specific law addresses... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jul 31, 2020

I'm not aware of a criminal law specific to throwing firecrackers. But I can imagine scenarios where those facts,in combination with other facts, could potentially support a criminal charge for criminal damage to property, disorderly conduct, or assault. All of those would require evidence... Read more »

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can I receive a ticket in the mail?

I got pulled over tonight the officer thought I was going to fast. He did not tell me how fast he did not know. He said I would be getting something in the mail. He did not explain what I would be getting. Seems a little off to me.

Thomas C Gallagher
Thomas C Gallagher answered on Jul 30, 2020

Yes. When you get it, call me or another criminal defense attorney.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was pulled over at 11:02pm by a state trooper on I35. He claimed to be following me for 2 miles. But his head lights

Were off until he initiated the stop. He also said my speed was between 70-75mph and never gave me a definite speed . The he said he would bring it down to 65mph. Would either of these things help my case against the speeding ticket he gave me?

Thomas C Gallagher
Thomas C Gallagher answered on Jul 29, 2020

Those facts alone don't sound like enough for a defense win. But when we work up a defense case, we seek every fact. Then we analyze all the facts for potential defenses that could win the case. If the your goal is to keep it off your driver's license record, and if the officer... Read more »

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Minnesota on
Q: Do private clubs have to follow the Governors new mandate on masks?

Meaning a Club that you need to be a member of in order to be there. Public would not be allowed to come in off the street. Members only

Thomas C Gallagher
Thomas C Gallagher answered on Jul 23, 2020

Since the enforcement provisions appear to be illegal, I would say "no." But they might have to fight a charge in court.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Turning self in on bench warrant for probation first time theft no other criminal record.

What is the chance of being released after court tomorrow?

Thomas C Gallagher
Thomas C Gallagher answered on Jul 22, 2020

No way to say without all the information. Even then, working on ensuring it is more important than attempting to predict. The judge will consider various factors, and rely heavily on your lawyer and the probation officer.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: How long does a officer have to issue a citation? I recieved one 27 days later and for the wrong car and time.
Thomas C Gallagher
Thomas C Gallagher answered on Jul 21, 2020

That delay alone would not be an automatic defense win. Yet the combination of errors could support an identity defense at trial, or help cast doubt upon trial testimony.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was going 19 over the speed limit in Freeborn County, MN. Can I successfully request a continuance for dismissal?

I have been driving 7+ years and this is my first offense. I was on the highway and the speed limit was 70mph.

Thomas C Gallagher
Thomas C Gallagher answered on Jul 18, 2020

It depends upon the prosecutor, as well as the defense attorney's work-up of the defense. An alternative that may be as good or better could be a resolution as a "Dimmler law" speed. More about that on my website.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: What is the limit For being over the speed limit for receiving a continuance on a speeding Ticket in Ramsey county MN

I was going 26 over and would like to know if I am eligible for a continuance for dismissal on my ticket

Thomas C Gallagher
Thomas C Gallagher answered on Jul 17, 2020

It's up to each city prosecutor to decide what they are willing to offer to attempt to reach a settlement of a case. But in general, prosecutors are more willing to offer a Continuance-for-Dismissal with Conditions, for people with a clean record over a 3 to 5 year period, and an alleged... Read more »

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was pulled over for speeding .then he proceed to give me poss of pot in motor vehicle ticket ?never gave speedticket

because his probable cause was speed he never gave me ticket for speeding?does that make his other tickets against me n case illegal in court?

Thomas C Gallagher
Thomas C Gallagher answered on Jul 13, 2020

No, unfortunately. In fact, the prosecutor could amend to add the speeding charge later. But you're right to look for ways to fight it. A marijuana in a motor vehicle conviction in Minnesota: 1. goes on the driver's license record; and 2. triggers a minimum 30 day license revocation.... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: If I pay my 64 in a 55 speeding ticket I don’t have to go to court?
Thomas C Gallagher
Thomas C Gallagher answered on Jul 8, 2020

Paying any petty misdemeanor citation is an alternative to contesting it in court. Many people who are Minnesota residents and have a Minnesota, non-CDL, drivers license will pay a 64 in a 55 speeding ticket, because though a court conviction, it will not appear on their drivers license record.... Read more »

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3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can my daughter be held in Nobels county jail for 11 months without a trial because of the virus

My daughter was arrested for transporting meth from SD in December 2019. Her court date was set for March because of the virus the trial was reset for July 28, my daughter just now received a letter moving her trial until November can they do this she will be in Jail for a year before she is... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jul 8, 2020

She should discuss with her lawyer, asserting speedy trial demands with the court. When I do these for clients in custody, I often include an alternative motion for pretrial release without bail, or low bail. I have had such efforts eventually result in success. But repeated, strong effort may... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: How long can someone sit in jail for a probable cause without seeing a judge for 4 days.
Thomas C Gallagher
Thomas C Gallagher answered on Jun 30, 2020

Several factors affect how long an uncharged person can lawfully be held in jail before seeing a judge. The way to speed that up is to get a criminal defense attorney involved, however.

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