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Questions Answered by Thomas C Gallagher
1 Answer | Asked in Criminal Law and Family Law for Minnesota on
Q: In 2017 my ex convinced me to pay an extra $2,400/yr to cover 50% of our special needs son's summer camp.

I agreed to pay an additional $200 per month ($2,400 /yr) based on the cost of $4,800 per year for [our son's] special needs summer camp. However the invoices from [the special needs summer camp] were 2019: $3,600.00, 2020: $0.00, and 2021: $3,120.00 resulting in an over-payment of $3,840.... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Oct 26, 2021

You could report it to police and-or your local criminal prosecutor's office and see what they say. I doubt they'd be interested in criminal prosecution. Give your family law attorney a call, or an attorney doing civil litigation work. Only the government can file a criminal Complaint.... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can order for protection be enforced if the birth year is not correct on the order for protection
Thomas C Gallagher
Thomas C Gallagher answered on Oct 26, 2021

The issue may be one of identification. And that could depend upon a multitude of factors, depending upon the situation. I would not suggest that the Respondent in such a case tempt fate, however.

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Minnesota on
Q: If a judge lies in his findings that a doctor testified the "victim" had injuries when the doctor said opposite = fraud?

Is that not the definition of (fraud on the court) or judicial error?

Thomas C Gallagher
Thomas C Gallagher answered on Oct 23, 2021

Unlikely. After all, fraud is a deliberate act with the intent of obtaining an unauthorized benefit, by using deception, believed and relied upon by others. If a judge describes witnesses testimony as being the opposite of what is in the transcript, that could be error, perhaps even reversible... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I get help with getting my car released from police homicide hold?

I m looking for help. My car was taken by the police early September it is still on a hold according to defective it is on a homicide hold. That is all the information I was given. Im wondering if there is anything you all can suggest in hope that my car can be released

Thomas C Gallagher
Thomas C Gallagher answered on Oct 18, 2021

You could contact the police investigator to see if they are done with it, and will release the police hold. Or you could file a motion in court under the Return of Property statute. But police can respond to that that the car is evidence. Whether the judge believes that may be another matter.

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2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Traffic Tickets for Minnesota on
Q: How much is seen by insurances on speeding ticket? For example, are officer comments seen/looked at?

A few months back I was pulled over for speeding. The officer asked if I had been drinking and I told him that I had a few drinks earlier in the night. I performed some Field Sobriety Tests and was asked to use a breathalyzer. The breathalyzer showed a blood alcohol content of .079. Being that the... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Oct 18, 2021

The citation with officer notes may be possible to see. But my understanding is that insurance companies look at the Driver's License Record from the Minnesota Department of Public Safety, including the statute of conviction, date of conviction, incident date. Filed Sobriety Tests and the... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I have 3 warrants which are misdemeanor, late child support, failure to appear and unsupervised probation violation

What am I looking at for time is there going to be bail? And allegedly cops have stopped old residence for my warrants and also said I'm looking at being charged with other charges due to my purse and cell phone being found miles from area where a person fled from state patrol in stolen... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Oct 15, 2021

Once your attorney has the criminal Complaint(s) and Sentencing Order(s), they will be able to tell what the maximum and more likely amount of jail time is possible. The court would likely set bail on the new charges within a day or two (excluding weekends). But on the probation violation, it... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: if i have a trial and it includes no lawyers, could i motion for a lawyer?

i have a trial coming up and was stated no lawyers, could i motion for one?

Thomas C Gallagher
Thomas C Gallagher answered on Oct 6, 2021

An accused person has the right to a lawyer in a criminal case, either a private, paid lawyer, or a public defender appointed by the court for indigent people. You don't indicate what kind of case it is.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: If the minimum sentencefora case is 5 years does that mean that you must do 5 years in jail or could the judgeorderles

For instance could it be 1 year in jail and 4 years house arrest

Thomas C Gallagher
Thomas C Gallagher answered on Oct 3, 2021

That varies depending upon the specific criminal statute. Call a criminal defense attorney with more specific information.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got a speeding ticket going 74 in a 55. I had turned onto the state highway and did not see a posted speed limit.

Can I contest it and report that? Is it worth it/will it get me out of my ticket?

Thomas C Gallagher
Thomas C Gallagher answered on Oct 1, 2021

Yes, of course, every speeding ticket can be contested, and should be. Focus on the desired outcome. Perhaps that can be met by agreement. Next, gather all facts and keep an open mind to all possible legal defenses. That defense may be the best available, or another might be better. If it's... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I recently received a speeding ticket while driving in Wisconsin. Will it affect my Minnesota record

I'm a Minnesota resident

Thomas C Gallagher
Thomas C Gallagher answered on Sep 23, 2021

If convicted (by paying the fine or losing a trial), yes. Wisconsin will report the conviction to the Minnesota Department of Public Safety for inclusion on the driver's license record (assuming a Minnesota driver's license). To avoid that, fight the ticket in Wisconsin to try to... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: So my probation expired on the 18th of this month still have two things to do

Have been good and outstanding the whole time on probation with no violations

Thomas C Gallagher
Thomas C Gallagher answered on Sep 21, 2021

It's difficult to understand what might be a question here. Is the situation one where a person is on probation in a criminal case, and the period of the stayed sentence is about to expire, but two conditions of the stay have not yet been completed? If so, the Probation Officer may ask the... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: i have convicted of a petty misdemeanor due to speeding 75mph on a 40. I was rushing due to family restrictions.

Have time a curfew at the house and didn't want to arrive home late, so I had to rush to get home fast and, my mom was sick, so I had to take care of her in all ways, so I had to sacrifice myself for hers.

i was trying to know if I can go on probation for the ticket I've received

Thomas C Gallagher
Thomas C Gallagher answered on Sep 16, 2021

First, the question doesn't make sense - perhaps due to unfamiliarity with legal terms. As a result, you may want to pick up the phone and call a criminal defense attorney for help sorting out your questions. For example, a petty misdemeanor is not a crime, no jail time is possible, and... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: My bf has three warrants in Ramsey county and all three says standard bail is $500 do I pay $500 each warrant?
Thomas C Gallagher
Thomas C Gallagher answered on Aug 23, 2021

You could call Ramsey County Sheriff's Warrant Division and ask.

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2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: How can I get my gun rights back?

My felony drops to a misdemenor when probation is completed. My probation will be complete in the next 3 months and want to know if i can purchase and own firearms or not, or if I can have my rights restored

Thomas C Gallagher
Thomas C Gallagher answered on Aug 23, 2021

You would need to know what you were convicted of: state vs federal, court file number, statute of conviction.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Got a speeding ticket for doing 49 in a 30 mph zone (exiting a small town) - HOWEVER -

I was within about 30 ft of a speed limit sign that stated 60 mph. I took a picture of it thru my dash. Thought if I was within sight of the next speed limit sign, I could justify that speed?

Thomas C Gallagher
Thomas C Gallagher answered on Aug 21, 2021

That might be a basis to defend a speeding ticket. I'd check the MMUTCD to see if it supports, defeats, or doesn't mention it. But there may be better defenses, and approaches. A lawyer would help. But fight it no matter what, since you have nothing to lose by trying, and could win.

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1 Answer | Asked in Juvenile Law for Minnesota on
Q: My 14 just got arrested for having a stolen gun. He is in a juvenile center what are the statues

This is his first offense

Thomas C Gallagher
Thomas C Gallagher answered on Aug 19, 2021

Minnesota Statutes Sec. 609.52, Subd. 3. "Sentence. Whoever commits theft may be sentenced as follows:

(1) to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both, if the property is a firearm, or the value of the property or services...
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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: My son,16 was charged with underage drinking and driving & speeding in February. Question below...

He received a speeding ticket 08/01 and another 08/17/21. I am beside myself but at any rate, I'm more concerned about his driving record and insurance, the 08/01 the officer gave an extreme speed but it's payable. There's no way my son could've been going that fast with the... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Aug 18, 2021

Yes. It's worth fighting every traffic citation, since doing so will often improve the outcome - whether keeping the record more clean or otherwise. Also, people that go to court and defend against charges, in my experience, tend to become more aware of the importance of avoiding future... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Received a ticket tonight in Carlton County. Tribal officer lied about the speed.

Cruise control was set for 30 miles. When pulled over I was told it was for speed. I asked how he measured my speed and he refused to answer. Wrote me for 73 in a 60. How do I request dash and body camera video for court ?

Thomas C Gallagher
Thomas C Gallagher answered on Aug 16, 2021

Contact the court to request a court date, to contest the ticket. If you can't resolve it with the prosecutor in a satisfactory way, you can send the prosecutor a written request for discovery. They may charge a fee for copies. Of course, you may have better luck with an attorney... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I get a violation of probation charge if I was caught with weed but wasnt written a citation? On probation for a dwi

I live in Minnesota

Thomas C Gallagher
Thomas C Gallagher answered on Aug 4, 2021

Yes. No one can change the past. But in the present and future, be sure to comply with conditions of probation.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: My friend is being charged with controlled substance charge. On her paperwork from her arrest there is an F.B.I. number

At the top where there is also the case # etc. Why and what does that mean? Is it normal?

Thomas C Gallagher
Thomas C Gallagher answered on Aug 3, 2021

Multiple possibilities exist, depending upon what document and where you are looking. Friend could show the paper to a criminal defense attorney, who would then be able to see what is being referenced. Or at least a phone call.

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