Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Thomas C Gallagher
2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: Does a DANCO order supersede a divorce decree when it comes to transfer of children.

For example. Mother had protection order from the Father. In the divorce decree they agree to a mutual transfer of the children in a public place. Before the divorce decree was final the Father was facing charges of violation of the protection order and the Judge put a DANCO on him pending... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on May 20, 2022

Basically, yes. Typically the DANCO would be both more specific and more recent. If there is a conflict between a family court order and a DANCO, it would be a good idea to either follow the more restrictive of the two, presumably the DANCO; or and until bring a motion before the judge in the... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: 25-10-13(M1) Violation of Protection or No Contact Order... if the respondent has violated this and person that placed

Place but the person answered a phone call from the respondent is that a violation as well?

Thomas C Gallagher
Thomas C Gallagher
answered on May 13, 2022

Yes. Contact with a "protected person" must be avoided to avoid jail and another case, as a result. If that has happened in the past, I have had cases where we were able to mitigate consequences. But the only way to avoid problems is to avoid contact.

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: will my license be suspended?

i’m in mn, just yesterday i got my 4th speeding ticket i believe? i got it in a different state too?he clocked me going 83 in a 75 but knocked it down to 80 in a 75. my last two speeding tickets were received in april & august of last year, and a “fail to exercise due to care or control”... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on May 11, 2022

With recent priors, we can expect two things: 1. prosecutors will adopt a tougher attitude; 2. more will be at stake for the ticketed driver, making it more worthwhile to fight it in court. And those two things make more important to have an experienced defense attorney's help. As for a loss... Read more »

View More Answers

1 Answer | Asked in Juvenile Law for Wisconsin on
Q: How can I access my juvenile records of sexual abuse by my uncle if they decided not to prosecute him? State of WI

He did confess and I was interviewed for several hours but ultimately the DA declined to prosecute.

Thomas C Gallagher
Thomas C Gallagher
answered on May 11, 2022

Try the question for Wisconsin attorneys. The law is different in each state.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was pulled over in March and a ticket wasn't filed with MN courts until may. Can they do that?
Thomas C Gallagher
Thomas C Gallagher
answered on May 9, 2022

Yes. That delay alone would not be grounds for a dismissal motion. But there may be other ways to achieve defense goals.

View More Answers

1 Answer | Asked in Cannabis & Marijuana Law for Minnesota on
Q: the state of Minnesota is the smell of weed in a home probable cause to get a warrant to search it?
Thomas C Gallagher
Thomas C Gallagher
answered on May 4, 2022

It shouldn't be. now that hemp flower is legal, and now that medical cannabis patients can lawfully smoke cannabis flower in their home. But, some law enforcement officers and some judges may not be up to date. So, it's probably a good idea to be careful about that.

2 Answers | Asked in Criminal Law for Minnesota on
Q: is it likely- without a special hearing pretrial- that the court will allow testimony from a now 12yr old about alleged

sexual assault occuring 6+ years ago? this child has a history of making non-sexual accusations and of herself sexually assaulting another child. how far can a defense attorney go in asking questions re: her background?

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

Yes, it is likely. But much depends upon specific facts in a specific case. And we don not know those facts. The defense attorney of record, should however. A prosecutor could attempt to limit a defense attorney's question of an accuser in a sex case. On the other hand, a defendant has a... Read more »

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can a careless driving on street or highway charge be prosecuted when the offense was driving on a sidewalk?

Someone I know received a ticket for careless driving on a street or highway which is a misdemeanor.

As it happens they were not driving carelessly, or on a street or highway. Rather they were driving on a sidewalk (large sidewalk). The law specifies street or highway for a careless... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 25, 2022

Minnesota's careless driving offense mentions "upon any street or highway;" but Minnesota's reckless driving offense does not. See Minnesota Statutes Sec. 609.13, subd. 2 vs subd. 1. A prosecutor can amend the charge, until the trial starts, if the facts support the amendment.... Read more »

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got a ticket today and I got accused of speeding but on the ticket the state trooper put that my lic plate

Was expired and it's not. Should I take it to court

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 19, 2022

If a driver who has been cited for traffic violations pays the fine without contesting it in court, that driver loses; will have both a court record and a driver's license record of conviction(s). So the question I would ask is: "Why would a cited driver *not* contest those charges in... Read more »

View More Answers

2 Answers | Asked in DUI / DWI for Minnesota on
Q: I'm defending a DUI, the arresting officers edited the video evidence of the truth and their wrong doing.

How do I handle this and prove it, I have a witness to most of the lies and edited parts left out.

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 19, 2022

First, you'll want a good defense attorney's help. Then, an expert could be hired as well to evaluate the video and possibly write a report and testify if the video was altered. Your attorney can help review options for defense pretrial motions and trial strategies.

View More Answers

1 Answer | Asked in Criminal Law for Minnesota on
Q: Im on probation with Hennepin county on a 4th degree intent to sell from 2004.

I've not lived in that state since 2005 I would like to clear it up see if I can get it transferred to Indiana. It did say extradition borderline only.

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 16, 2022

They'll want the fugitive to surrender on the warrant first. Most prosecutors have the attitude that, otherwise, why should they make more work for themselves from a position of weakness?

2 Answers | Asked in Traffic Tickets and Car Accidents for Minnesota on
Q: Needing advice on what steps to take going further to get my sons license back.
Thomas C Gallagher
Thomas C Gallagher
answered on Apr 12, 2022

You could call a criminal defense attorney to clarify. If the only issue is finding out what the State of Minnesota wants before reinstating a driver's license, call a Driver Evaluator at the Minnesota Department of Public Safety.

View More Answers

2 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for Minnesota on
Q: I hit a parked car the other night and fled. I have prior DUIs. How do get car out of impound and avoid criminal charges

I was driving to get dinner 2 nights ago, I dropped my wallet and reached down to grab it, and I grazed a parked car. Minimal damage to the other vehicle, but my vehicle was disabled. There were no injuries. I had a few beers before I drove, and have prior DUIs. If I received another, I would have... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 16, 2022

Falsely reporting a car stolen seems like a way to make a bad situation far worse. If a person realizes they hit a parked car, they should stop and leave a note with contact information. If they don't realize it until later, they could face a hit & run - property damage - investigation... Read more »

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I received a Traffic Collision - Failure to Notify Owner of Damaged Property. I got stuck in a road that was a dead end.

The road was a dead end as I tried to turn around I got stuck in the snow. While I was getting my truck out I slid side ways a little into a green power box it damaged my truck I walked after getting unstuck it had a dent but looked fine. Got a call 3 days later apparently it knocked power out for... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 18, 2022

It can take some time for a citation to show up on the court's records. But when it does, it will be time to set up a court date. In Hennepin County, they may require talking to a "hearing officer" prior to giving a court date. So in Hennepin the first step may be to set an... Read more »

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: In minnesota does the state have any law or statute regarding crossing the fog line Or local ordances?

In the last 6 months i have heard of a few people that this was given as the primary reason they were being stopped. A good reason to do a quick look or sniff. Thank you for your time.

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 18, 2022

Consider a Driving While Impaired Case. It would begin with a police officer's traffic stop of a driver. The police officer would need reasonable articulable suspicion of a crime, or an observed violation of a traffic law. Either-or both. In the case of crossing the fog line, i have had... Read more »

View More Answers

2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Minnesota on
Q: In regards to searching my purse..my purse was in car with the passenger and I was in cop car. For at 10 minutes then

The cop searched my purse and found what appeared to be drugs charged 5th degree possession and 4th degree DUI...2.5 years later the timing is that legal statute of limitations?

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 14, 2022

The shortest Minnesota statute of limitations period is three years, for Minnesota criminal charges. A person facing criminal drug possession and DUI charges would benefit from legal representation by an experienced criminal defense attorney. You lawyer, with your help, should gather all... Read more »

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: If the officer gave me a ticket for no license and no insurance, and he wrote the wrong location and time is dismissabl?
Thomas C Gallagher
Thomas C Gallagher
answered on Mar 13, 2022

Not for that reason alone, though it may help a defense attorney with other challenges to the prosecution. Get a valid license and insurance now. And help from a criminal defense lawyer could make the difference in preventing a criminal conviction record, and preventing an additional... Read more »

View More Answers

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Minnesota on
Q: I got pulled over in fall 2020 for a missing headlight which ultimately led to me being charged with 5th degree possess

Question of ADA and criminal law I’m disabled due to neurological conditions and have bad memory I don’t remember most of the issues can it be dropped charges

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 13, 2022

In Minnesota, generally police will be able to lawfully stop a vehicle with one of two headlights out. Disabilities and memory issues of the defendant would not normally be a defense to a criminal charge. However, depending upon type and severity of cognitive issues, issues such as... Read more »

View More Answers

3 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was pulled over on 94 east about an hour ago for speeding by a state trooper. He asked how fast I was going in a 70mph

zone. I replied honestly with 81-82. he said I was going 87. asked me for my license and walked away. when he came back he gave me a ticket.

my question is. he never asked for registration/ insurance, (I was also driving my cousins vehicle. not mine) and he also never showed me the speed... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 1, 2022

I would fight every ticket, always. Why not? If the goal is to keep it off the drivers license record, then we have nothing to lose by trying. None of those issues mentioned are good defenses. But there may yet be good defenses. The prosecutor can point out that evidence (including admissions by... Read more »

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I received a citation for speeding 74 in a 55.

When the officer pulled me over, he asked me how fast I was going and I admitted to 70 and he said 74. During this stop there was a liquor bottle on the floor in the front passenger seat left from the weekend before and since this was also a recently purchased vehicle, I didn't have our... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 27, 2022

That, without more, would not likely be enough to win a dismissal. But, there may be ways to avoid a record of conviction, if you contest it in court. You can do so, with or without a defense attorney's help.

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.