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Questions Answered by Thomas C Gallagher
2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Received a minor out-of-state traffic violation while under supervision for another ticket from my home state.

In December, I got pulled over for speeding in my home state (Illinois) and received court supervision for 180 days along with paying the ticket. I had to attend traffic school, to which I completed, and after 180 days the citation would be lifted from my record. In March, I moved to Minnesota and... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on May 7, 2021

Check with an Illinois Attorney about the Illinois question. Without knowing the details, I'd consider delaying the resolution of the Minnesota case until after the Illinois case is dismissed. The way to do that would be avoid just paying the Minnesota ticket. Instead, contest it, be... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a 14 year old go to juvie for criminal mischief
Thomas C Gallagher
Thomas C Gallagher answered on May 6, 2021

I've never heard of a Minnesota Statute defining "criminal mischief" as a crime. However, a juvenile can be arrested and jailed on a probable cause hold, for allegedly committing a crime, or a status offense. And if adjudicated delinquent or convicted, the judge has the option of... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Car title chaos

I bought a car from a guy for $3200 and the title was not his name but it was signed and he has a vehicle he told me that he just wanted to get the brakes fixed and he would bring it back later I still Held the title signed over by the owner but I did not have a vehicle and I found out the guy who... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on May 2, 2021

Consult a criminal defense attorney. Do not talk to police.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is it proper for prosecutor to enter NG plea when not in open court and where all talks were off the record?

Petty traffic case. Remote hearing (arraignment) takes place. Pros offers a plea and I decline. Pros then instructs clerk to schedule for trial. I never said that I would plead NG, nor did I refuse to enter a plea. I presumed I would have a hearing before a judge to do this, but it has been entered... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Apr 24, 2021

You could serve and file a motion requesting a future court appearance in front of a judge for that purpose, citing those reasons. I'm not sure what it would get you if granted, however. It might be better to request discovery and prepare for trial. Better yet, get help from a criminal... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I put a sticker on a divided highway sign and got a citation with a mandatory court appearance. What should I expect?

I have some speeding tickets in my past but nothing too serious on my record. Will I get jail time? I’m hoping just probation or paying a fine.

Thomas C Gallagher
Thomas C Gallagher answered on Apr 20, 2021

Most will want to prevent a conviction on their public record. Executed jail is unlikely. I'd suggest fighting the charge relentlessly, until and unless the prosecuting attorney agrees to an outcome that will avoid a "conviction." Of course, you do better with a defense attorney... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was pulled over with multiple other vehicles by one trooper and ticketed for going 75 in a 65, but I wasn't speeding.

I have contested this ticket and the court has sent me the video of the incident. It does not show how fast anybody is going and in the audio the trooper is heard saying that everyone was speeding and we were traveling in a pack, which is false. In the video you see the trooper pull over a truck... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Apr 13, 2021

That sounds like it's likely a petty misdemeanor speeding charge, so the trial would be to a judge not a jury. The judge will hear the evidence for the prosecution and then the evidence for the defense. After that and any legal argument from the two sides, the judge will have to decide... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: An of duty task force officer noticed my truck in a restaurant parking lot he waited until me and two others came out me

My friend and I left his car there and went to his place to look at chain saw his roommate had for sale .. we were there about an hour we left there and went back to his car leaving his place there were cops around the corner like they were waiting for us . The off duty guy said later that he... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Apr 10, 2021

No question stated here, but presumably the thought is "what can be done?" It's time to get a good criminal defense attorney, with drug case experience, on board. From the description, it may be that a pretrial motion attacking search and seizure should be considered, after all... Read more »

3 Answers | Asked in Criminal Law for Minnesota on
Q: My friend was picked up on a warrant from 5 years ago. When he's been into jail. But that never came up before

He was on probation. So how did they pick him up

Thomas C Gallagher
Thomas C Gallagher answered on Apr 7, 2021

The question as written doesn't add up. Call a criminal defense attorney on the phone.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can you dismiss a ticket in Minnesota without having to go to court?

I didn't park in handicap parking but I was parked in a space between 2 handicapp parking spots. But the thing is, a huge amount of snow was covering the space and when I removed the snow from the area, I later realized after the officer issued the ticket and left, - that the area wasn't... Read more »

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

No. But why not make everyone else involved go through the court process, only to see you win in the end?

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: What steps do I take to ask for a stay of adjudication for a speeding ticket (misdemeanor) or Plea of no contest?

I'm trying to plead guilty with an explanation, any advice will be helpful

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

"Pleading guilty with an explanation" to a judge will result in a conviction and perhaps reduced fine. But to ask for a "stay of adjudication" or better, the defendant or his or her defense attorney will need to speak with the prosecuting attorney (or in some metro counties,... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was pulled over for DAR and the cop asked me to do controlled buys to get out of it, is that legal?

I have a criminal history, but I have been out of that lifestyle for almost 5 years and the cop also acknowledged that before he asked me to do this. Again, I was only pulled over for driving without a license. I'm not on probation and I had nothing illegal on me. So I told him I would think... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Apr 7, 2021

I am not aware of any law or rule that would prevent a police officer from making such a request. But I would be surprised to hear anyone in that situation would agree, given the risks.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: My son is jail for murder in second degree no intentional The he can get out with a probation He’s récord was clean
Thomas C Gallagher
Thomas C Gallagher answered on Apr 7, 2021

The question as written does not appear to make sense. Perhaps your asking about pretrial release on bail or other conditions? Call a criminal defense attorney to discuss the situation.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is it likely to get a 84 on 70mph speeding ticket waivered if I explain that I was trying to keep the flow of traffic

Im a very recent driver that was driving down a freeway as a 2 hour drive and was passed by 2 other cars and was being tail gated by the right lane. I decided to take the left turn once there were no cars in the way. I put on my cruise control that slows when Im close to the car above me. I set the... Read more »

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

No, that argument as presented, does not seem like it would persuade a prosecutor. Imagine your job was prosecuting traffic violators. In that role, would it persuade you? There are better arguments to be made, and better issues to present. Focus on the desired outcome, such as "keep it... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I feel like I was misrepresented

I took a plea deal for 60 months on 2nd degree drugs and to toss out the gun which there was no prints on or DNA I was set for ras on 3/8 but due to the prosecutor not being ready because the big floyd case going on I was supposed to be let go until they was ready to proceed with trail I was... Read more »

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

You can draft and file with the court, a motion to withdraw plea. Ask your Public Defender to help with that; or retain a private attorney to help do so. Though a judge can grant or deny such a motion, the legal standard for plea withdrawal is much more stringent after sentencing. So it would be... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Do ignition interlock violations get shared with probation officers, or just DVS?

I am in Minneapolis, MN on 2 years of probation for a DUI first offense, BAC over 0.16. Part of my probation agreement is no alcohol use. I failed an ignition interlock test 1 year into probation, and this is the first fail. I was not locked out of the device and able to start itlater. Ignition... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Mar 9, 2021

I doubt that the Interlock provider or Minnesota Dept. of Pub. Safety would report Interlock issues to a Probation Officer. On the other hand a Probation Officer may be able access Drivers License records. Personally, I don't think Interlock positives should result in a Probation Violation,... Read more »

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2 Answers | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: what will happen if someone shoots me do i have the right to shoot back and not face a charge?
Thomas C Gallagher
Thomas C Gallagher answered on Mar 8, 2021

That would depend upon several facts not stated in the question. For example, a person may or may not be in lawful possession of a firearm. If not lawfully possessed, the person could be charged with an unlawful possession crime regardless of any self-defense issues. Assuming a person was in... Read more »

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: no ticket, just mandatory crim hearing. petty misdemeanor shows online. do i need an attorney for turning on wrong lane?

I did not get an in person ticket. Online, it shows a citation for a petty misdemeanor. i got a hearing notice that shows it is mandatory cri/traffic. do i need an attorney? this is for turning the wrong way on a one way

Thomas C Gallagher
Thomas C Gallagher answered on Mar 7, 2021

You have the right to an attorney and are better of with one. But it's possible to do without. Typically a mandatory appearance on a petty means the charge was enhanced to a misdemeanor. (So you could get a public defender if you qualify.) Most will want to keep their record clean. An... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: How do i contest a search warrant based in the lack if probable cause

A search warrant was issued an executed on my residence That lacked Sufficent probable cause

Thomas C Gallagher
Thomas C Gallagher answered on Mar 5, 2021

If a criminal charge resulted, your criminal defense attorney can look for grounds to challenge it, then file a motion to suppress evidence illegally obtained.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I need advice on a theft by swindle.

I was selling my birds. A lady contacted me to purchase them, and proved she would not care for them right. I told her no, and kept looking. A guy contacted me and told me he would take the birds to his home in Wisconsin, where just he lives, and they would be his birds. 2 months later the woman... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Mar 2, 2021

Assuming the person paid the agreed price for the bird, it's unlikely that police or prosecutors would view that as a theft crime of any kind. Perhaps contact a civil attorney about potential civil law remedies to try to get the birds back.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can an officer write a ticket if he wasn't present at the accident? Is that considered hearsay?

I got in a traffic accident. The trooper who issued the charges against me was not at the scene of the accident.

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

Police can investigate a traffic accident, including for potential criminal or traffic violations. Police rarely witness traffic accidents. Police can issue citations for traffic and some criminal violations if they think they have probable cause to do so, even if they did not witness the... Read more »

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