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I drive through bad parts of town to pick up my daughter for her time with me. I do not have a permit to carry. But I do know it's legal to carry at home or between work and home. Could this be applied in an argument where I like to be armed when traveling with my children.
Ideally, I... View More
![Thomas C Gallagher Thomas C Gallagher](http://justatic.com/profile-images/1483595-1444790492-sl.jpg)
answered on May 29, 2024
"Say I was forced to use lethal force to defend myself and children from say a carjacking?" There is too much to fit into an answer here. But I'll try to get you started in your research. First, in Minnesota such a person carrying a firearm without a permit would be charged with that... View More
I'm seeing a lot of road construction where the traffic lights still operate as normal but where there is simply no possibility of cross traffic, no possibility of U-Turns, even. I've seen some drivers, including a bus, treat the solid red light as a stop sign, I've seen some just go... View More
![Thomas C Gallagher Thomas C Gallagher](http://justatic.com/profile-images/1483595-1444790492-sl.jpg)
answered on May 27, 2024
Context provides meaning. A prudent driver would stop for a red light, even when the cross streets at the intersection are blocked off. But a drivers defending a citation for failure to obey a red light might defend the case arguing that the signal should be treated as a stop sign, given the... View More
If you hypothetically get into a fight with another individual, and they grab their gun but dont shoot it, but you shoot yours, is that a case of self defense? Let's hypothetically say the gun is an illegal firearm, would it still be a self defense case? Or would it be the discharge of an... View More
![Thomas C Gallagher Thomas C Gallagher](http://justatic.com/profile-images/1483595-1444790492-sl.jpg)
answered on May 8, 2024
We have statutes and judicial caselaw on self-defense law in Minnesota. Without attempting to cover it all now, suffice it to say that whether a jury or judge accept a defense of self-defense to a charge where applicable, will depend upon all the circumstances. But if we were to assume a... View More
I am currently facing five pending felony charges that have arisen from false accusations by my husband's ex-wife in a custody battle. She has a history of making unfounded claims, including allegations of harassment and stalking, which are untrue. The children involved have expressed missing... View More
![Thomas C Gallagher Thomas C Gallagher](http://justatic.com/profile-images/1483595-1444790492-sl.jpg)
answered on May 2, 2024
A lawyer cannot give legal advice about a plea agreement vs. trial, without being the attorney of record, after thorough review and time spent with the known facts, discovery from the prosecution and other facts and evidence; as well as research into laws that could relate to those. As a general... View More
They got a warrant to search my house. Based on this credible, reliable witness's word. Well, he's been doing drugs. The entire time and he has are the credentials that it takes for the Frank versus Delaware. You need to have some kind of training. He's had none. He's a liar and... View More
![Thomas C Gallagher Thomas C Gallagher](http://justatic.com/profile-images/1483595-1444790492-sl.jpg)
answered on May 1, 2024
If evidence of a crime was recovered by police executing a search warrant, and a person is charged with a crime as a result, then that person can file a pretrial motion challenging whether the search and the search warrant were lawful. If the judge agrees with the defense that the search was... View More
I have a hearing tomorrow where I'm being accused of one minor felony that I did commit, but my PD says she's requesting an omnibus hearing that will lump that felony in with a second & much more serious felony I'm being accused of but did NOT commit.
Based on some... View More
![Thomas C Gallagher Thomas C Gallagher](http://justatic.com/profile-images/1483595-1444790492-sl.jpg)
answered on May 1, 2024
Two separate crimes or two separate incident dates? Criminal charges from two separate incident dates can often be reviewed together in some or all court appearances, if in the same County. Whether that is a good idea for the defense may depend upon facts not knowable in an online Q & A site.... View More
He was to be released by order of the judge and after his hearing they said they found stuff in his wallet and he caught another charge so wasn’t released
![Thomas C Gallagher Thomas C Gallagher](http://justatic.com/profile-images/1483595-1444790492-sl.jpg)
answered on Apr 25, 2024
His or her defense attorney may want to research whether a search of a wallet after a judge orders release is an illegal search. A search by the government is presumptively illegal unless authorized by a search warrant, or a recognized exception to the search warrant requirement applies.
Nothing about the drugs. I was detained 1 block from my house before it got raided. Girlfriend already took
![Thomas C Gallagher Thomas C Gallagher](http://justatic.com/profile-images/1483595-1444790492-sl.jpg)
answered on Apr 25, 2024
Two points: 1. Criminal possession is possible by more than one person at the same time. Joint possession would mean two or more people criminally possessed at least one thing at the same time. As a result, one person being held responsible doesn't necessarily help others facing criminal... View More
I have prior assault convictions
![Thomas C Gallagher Thomas C Gallagher](http://justatic.com/profile-images/1483595-1444790492-sl.jpg)
answered on Apr 17, 2024
When a prosecutor files a criminal charge, they allege facts which if true, they believe would prove the crime charged. If there are not facts to support "probable cause" to believe a crime was committed by the defendant, the defense attorney may file a motion to dismiss for lack of... View More
Let's say someone tries to rob you, and they point a gun at you, and in self defense you shoot them, but the gun you used was a ghost glock? Would you be able to get a self defense plea, or would you get charged for both, or would you only recieve a charge for carrying an illegal firearm?
![Thomas C Gallagher Thomas C Gallagher](http://justatic.com/profile-images/1483595-1444790492-sl.jpg)
answered on Apr 15, 2024
If a prosecutor charges a person with two different types of crimes: e.g., assault and illegal gun possession, the defendant might raise a defense of self-defense to the assault charge. But that defense would not apply to an illegal gun possession criminal charge. As for a prosecuting... View More
It’s 3 Percocet pill that I’ve been caught with and it’s my first time and it’s gross misdemeanor charges GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay
![Thomas C Gallagher Thomas C Gallagher](http://justatic.com/profile-images/1483595-1444790492-sl.jpg)
answered on Mar 21, 2024
You might consider an effort to avoid a criminal "conviction." That would be valuable, in the future. It may be a possible to resolve the case in a way to avoid conviction, usually involving a period of compliance with agreed and ordered conditions. You can discuss this with your lawyer.
Hello! I’m afraid I am facing license suspension, but after further research I’m a little confused. My first ticket was 1/11/2022, second was 11/14/2022, third was 2/6/2023 and my fourth ticket being 3/1/2024. I’ve THOUGHT after 4 tickets your license would automatically be suspended for 30... View More
![Thomas C Gallagher Thomas C Gallagher](http://justatic.com/profile-images/1483595-1444790492-sl.jpg)
answered on Mar 3, 2024
The answer is in Minnesota Rules 7409.2200 HABITUAL VIOLATORS, available online. (For those with a Minnesota Driver's License, at least.) Four petty misd. traffic offenses within a 12-month period; or five traffic within a 24-month period will get a DL suspension. The rule is more complex... View More
![Thomas C Gallagher Thomas C Gallagher](http://justatic.com/profile-images/1483595-1444790492-sl.jpg)
answered on Feb 27, 2024
It appears to on the "2024 STATE PAYABLES LIST TRAFFIC/CRIMINAL" list for Minnesota Courts. That means it should be "payable" online, via the Minnesota court's website without court appearance. But is that a good idea? Doing so will result in the court... View More
I'm wondering what happens when the person of a crime that is convicted dies in Minnesota if the victim is still paid restitution?
![Thomas C Gallagher Thomas C Gallagher](http://justatic.com/profile-images/1483595-1444790492-sl.jpg)
answered on Feb 19, 2024
When a person is convicted of a crime and ordered to pay restitution as part of their sentence, then that person dies prior to discharge from that sentence without having paid restitution; the court loses jurisdiction over the person after their death. But you might want ot check with the... View More
She's mental health issues and she is a diabetit was 8 PM the night before Thanksgiving as she got pulled over for a headlight out. As the officer approached her window he had noticed her pupils were Dilated. He jumped the gun and asked her if she was smoking fetal. He asked her to get out of... View More
![Thomas C Gallagher Thomas C Gallagher](http://justatic.com/profile-images/1483595-1444790492-sl.jpg)
answered on Feb 7, 2024
She should get help from a private criminal defense attorney, or a free public defender, if she qualifies. Then she can work with her lawyer in developing effective defenses, and factual information. On the driver's license issue, she may want to call a "Driver Evaluator" at the... View More
Kid got a 2 charges, 1 for exhibition driving & other for more than one kid in the car while under provisional license. What are the definite and possible consequences for this?
A couple weeks prior she got a parking ticket, which went under mine and my husband's name since we own... View More
![Thomas C Gallagher Thomas C Gallagher](http://justatic.com/profile-images/1483595-1444790492-sl.jpg)
answered on Feb 7, 2024
First, I'd look at the consequences for various violations. For example, a parking ticket should have no significant long term implications. Just pay it. But "Exhibition Driving" on the driver's license record could trigger future problems with insurance and police. So... View More
My wife received a speeding citation for 72 in a 55 in Hennepin Cty, MN. She believes she was speeding, but like 65 not 72. (72 in a 55 would be out of character for her). The officer gave her the citation and the Date is off by 2 days, time is off by 5 hours (plus the 2 days of course) Vehicle... View More
![Thomas C Gallagher Thomas C Gallagher](http://justatic.com/profile-images/1483595-1444790492-sl.jpg)
answered on Jan 19, 2024
Typically, if the driver or her lawyer alert the prosecutor to inadvertent errors on the citation by the officer, they will then amend to fix those errors. This removes potential benefits to the driver. A better approach may be to never mention those errors until in the midst of a trial, when it... View More
![Thomas C Gallagher Thomas C Gallagher](http://justatic.com/profile-images/1483595-1444790492-sl.jpg)
answered on Jan 18, 2024
In my experience, the best defenses are based on the state's lack of evidence, and the truth. A defense lawyer will need time and effort to work collecting available information about what happened (facts), to then analyze for legal issues that can help the defense. But the most important... View More
My daughter has a suspended license and her fiance had a medical procedure that prevented him from being able to drive and they needed to pick up their son from daycare. My daughter opted to drive to the daycare, which was close to her home to pick up her son. She could not walk him home as he is... View More
![Thomas C Gallagher Thomas C Gallagher](http://justatic.com/profile-images/1483595-1444790492-sl.jpg)
answered on Jan 16, 2024
In general, yes. Generally police can go anywhere non-police can lawfully go (without a warrant, or other special authority). However, when I analyze all the available information about a client's case, I look for every possible defense issue first. Then after a discussion with the client,... View More
![Thomas C Gallagher Thomas C Gallagher](http://justatic.com/profile-images/1483595-1444790492-sl.jpg)
answered on Jan 12, 2024
Possibly, but that may depend upon more information than contained in the written question. Generally a Probation Officer in Pretrial Release Services would make the initial call (to request that from a judge), and they would have more information. For example, is the urine test positive for... View More
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