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Questions Answered by Thomas C Gallagher
2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and DUI / DWI for Minnesota on
Q: How do I prove that police tampered with evidence

It seems all things in my defense and truthful, on the police video and audio, somehow one way or another doesn't show,one moment it's clear then another it's totally silent ,then another staticy, and ironically at the times it's in my favor.so it makes me look bad, it's not fair and it's... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Dec 9, 2019

Trial lawyers make efforts to resolve problems of proof. Sometimes our clients have us hire experts to analyse evidence, such as video and audio recordings. But we would not be able to begin solving these problems unless the defense attorney of record, representing the defendant.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I use p.t.s.d as a defense in a refusal charge?

His comments when asked my sexual preferene my mind was in defense not to mention the needle test for blood,I have had extremely bad experiences,with m.r.s.a when I spent 6wks in hospital for. I also had been kidnapped earlier in my life where a man forces meth and heroin in my arm against my will... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Dec 8, 2019

In Minnesota, currently if police request a blood sample for testing and the driver refuses, the officer may need to offer to accept a urine sample, before the driver being charged with refusal. A criminal refusal charge can be defended as"reasonable." The circumstances you describe may be... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I hire a lawyer to just file paperwork to have a court date changed to a later date.

My girlfriend is in custody in one county, she decided to execute a sentence for a DUI, and now has a probation violation hearing in another county on the day she is released, she wants to change her court date to a later date.

Thomas C Gallagher
Thomas C Gallagher answered on Dec 6, 2019

She should be able to request a rescheduled court date without an attorney. If she's represented in the probation violation case, her attorney could do it for her. It would not make sense to hire an attorney simply to get a court date changed. But she would benefit from having an attorney... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Do you have to find it sign a ticket the police give you
Thomas C Gallagher
Thomas C Gallagher answered on Dec 6, 2019

No. When a driver signs a traffic citation, it means the driver acknowledges receiving a copy. If the driver does not sign, they will still have to face the charge.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: If I do not sign a speeding ticket in Minnesota what can they do to me
Thomas C Gallagher
Thomas C Gallagher answered on Dec 6, 2019

When police used to ask a driver to sign a traffic ticket; that was to indicate that they received a copy, but was not an admission of guilt. Modern traffic citation forms no longer suggest a receipt signature.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was cited for talking on phone while driving, does that go on my record? Worth fighting? Haven't had one in 20 yrs thx
Thomas C Gallagher
Thomas C Gallagher answered on Dec 2, 2019

You could check the Minnesota Rules for the Minnesota Department of Public Safety. Or call a Driver Evaluator at the Minnesota Department of Public Safety to check. If it were me, I'd go to court and work to prevent a conviction. If no conviction, then it can't go on the Driver's License Record.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: what happens if you don’t have a license and get a speeding ticket and misdemeanor ticket in the state of minnesota?
Thomas C Gallagher
Thomas C Gallagher answered on Dec 1, 2019

Traffic and criminal charges do not generally depend upon the driver having a driver's license. But, a driver without a license will likely also be charged with a violation or crime based on driving without a license, additionally.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is it illegal to turn left in front of, and moving away from a school bus that is stopped with it's stop sign out?
Thomas C Gallagher
Thomas C Gallagher answered on Nov 25, 2019

If the school bus stop sign is out, we are required to stop. But if it's block away, we can wait until we reach it before stopping for the school bus.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Does thw prosecution have to tell the defense if the witness is cooperating?
Thomas C Gallagher
Thomas C Gallagher answered on Nov 20, 2019

Giglio information is material tending to impeach the testimony of a prosecution witness. All impeachment evidence, even if not a prior statement by a witness falls within the Brady rule, and should be disclosed to the defense by the prosecution. But despite these laws, problems persist. One... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: can a person use electronic listening device's and hand it over to the courts? and if so can the courts use it ?
Thomas C Gallagher
Thomas C Gallagher answered on Nov 18, 2019

"The courts" are a public space for litigants. A litigant might try to use recordings in a court case. Then a judge might or might not allow it, depending upon the case and the circumstances.

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I got stopped for expired registration, I had the wrong tags on my vehicle due to my idiocy, the state patrol took my

plates, towed my car, and said that he was doing a long form instead of arresting me. I have finally found out that he was doing something called an administrative citation, and I still have yet to get my car because I have no money and no way to get there now that I do have the money needed, but... Read more »

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

If I understand this question correctly, it sounds like a money problem. If my vehicle won't be released without new plates and tabs, that sounds like the first priority with limited funds. Try calling Diversion Solutions for possible help on a payment plan for the Minnesota Department of Public... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got pulled over a couple years back wasn't even my car got a no insurance ticket at the time

Owner didn't tell me there was no insurance it was his moms car long story short she got rid of the car anyway I can fight this no insurance?

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

If pulled over a couple years ago, is the charge still pending? Putting to one side that question for now, Minnesota's "proof of insurance" statute applies to the driver, even if the driver is not the owner. But a person facing this charge should always go to court to try to prevent a conviction,... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: If my speeding ticket is not up after a month, do I still have to pay it?

It’s been almost 10 business days since I got my citation but I know for minors that if it is not up after a month, it does not have to be paid. Is that “rule” the same thing as a speeding ticket?

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

Sometimes police issue a citation but do not send it in to the court. If the court never receives it, it can be ignored. Rare, but it happens. As a result, it's a good idea to look up the citation using the citation number on the Minnesota court's website. Once it shows there, respond by paying... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is a Failure to Stop for Pedestrian in Crosswalk the same or similar to moving violations while driving?

My husband is going to lose his license as a "habitual violator" from a failure to stop for a pedestrian in a crosswalk ticket which was deferred as long as no same or similar ticket was received in 12 months time. Since that time, he was issued a failure to stop at a stop sign, a careless driving... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Nov 4, 2019

My past clients facing a "habitual violator" license suspension or revocation have had a priority goal of trying to avoid the loss of license. To accomplish that sometimes it's enough to avoid or undo one or more of the traffic violations. It might not matter which one, as long as the total... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Public nuisance, interfere with privacy (with no intent), flee from police and obstructed investigation, while drunk

My friend was intoxicated and was loud. He stumbled onto someone's property with no intent. The police were called and he tried to flee on foot because he was scared. He is being charged with public nuisance, interfere with private property and fleeing from an officer with no motor vehicle. What... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Nov 2, 2019

Most people want to prevent a public conviction record. The only way that's going to happen is with help from an experienced criminal defense lawyer. When a person retains me, I collect all available facts and evidence of any relevance. Then I analyze it with the law in mind. We look for... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: MN traffic violation being contested

The court is trying to reschedule due to troopers planned vacation. Do they have the right to reschedule the court date at their convenience?

Thomas C Gallagher
Thomas C Gallagher answered on Oct 31, 2019

Courts will typically reschedule a trial at the request of either party, provided adequate notice, especially for the first such request. But if the key prosecution witness doesn't show up on a trial date, most judge will grant a defense motion to dismiss. The key there is advance notice, or not.

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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Minnesota on
Q: Can I do jail time in a chips case?

They want to terminate my parental rights because they say my home is unsafe for my children whom don’t live in the home only visits.

Rumors of domestic violence.

Thomas C Gallagher
Thomas C Gallagher answered on Oct 23, 2019

No. A "CHild In need of Protective Services" or CHIPS case, is civil not criminal. So no jail is possible in a CHIPS case. Sometimes the same facts and investigations can result in both types of cases, however.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was pulled over because of a gas station workers call to police

I pumped gas, went into gas station and charged my cell phone for about 20 min and made a purchase. When I left the gas station and got onto the main road, the police had their lights on and pulled me over. There was no driving infraction, the officer told me specifically they pulled me over due... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Oct 23, 2019

I refer to those type facts as "tip stop case." I've won many, but it will depend upon the level of detail and content of the tip call. Everyone should fight every DWI, so you'll need a DWI lawyer. And the Minnesota laws have short deadlines, so do so quickly. Also, sometimes we can get early... Read more »

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2 Answers | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: can I request a different judge if I feel his judgement is affected by something that happened in his personal life?

I am being charged for a DUI. I contested the stop and there was evidence on video of the headlight not being out and one being brighter. In the officers statement, they could not remember anything specific about the arrest, could not remember what headlight it was and they also stated that because... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Nov 18, 2019

In Minnesota, we can remove a judge once if we notify the court of our desire to do so shortly after we are told which judge the case is assigned to. But sometimes, the case then goes to a worse judge. Beyond that, a litigant can make a motion to the judge to remove herself for cause or bias. Of... Read more »

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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 »

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