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Questions Answered by Thomas C Gallagher
2 Answers | Asked in Criminal Law for Minnesota on
Q: I am the victim of a damaged to property case.. The defendant was convicted in order to pay restitution and is dead

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
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

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota on
Q: Hello question my friend was just pulled over for a headlight out . Mind you she was only about 2 miles away from home.

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
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

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2 Answers | Asked in Traffic Tickets, Car Accidents and Juvenile Law for Minnesota on
Q: Kid got 2 driving violations within provisional driving period. Go to court or just pay the fines? Consequences?

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
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

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: My wife got a speed citation. Many details are incorrect including the date, time, plate number, make, color. What to do

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
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

2 Answers | Asked in Criminal Law for Minnesota on
Q: I was mailed a misdemeanor for taking a cell phone out of the casino that didn’t belong to me! What would be my best def
Thomas C Gallagher
Thomas C Gallagher
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

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can police come into a daycare to issue a ticket? Especially when they did not pull the person over outside the daycare?

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
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

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1 Answer | Asked in Criminal Law for Minnesota on
Q: If someone is on a bond release with conditions, can they be arrested on a warrant for q positive urine test?
Thomas C Gallagher
Thomas C Gallagher
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

3 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Personal Injury for Minnesota on
Q: I live in MN and I was detained by the city police for assault in the third degree presumable evidence of injury..

The person who is claiming I injured them roll down a flight of stairs and broke a rib was that being said he told the police I pushed him when he tripped and rolled.. The first paper I received in jail nothing is filled out on it and everything is blank or there should be dates time and names and... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 1, 2024

If a person is facing a criminal charge, it's time to get help from a criminal defense attorney - either public defender or private criminal attorney. Once that happens, your attorney will have access to police reports, videos, etc, as well as legal papers related to the case. At that point... View More

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I don't think my court appointed attorney is defending me as well as he could/should be. How do I ask for a new one?

My public defender does not communicate with me and refuses to anything I request him to do. I have to request multiple times and then if he feels like it he explains it's too late to do what I request or he just doesn't acknowledge my request.

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 23, 2023

A client of a Public Defender who wants a different public defender, may be told that they do not have a right to choose their public defender, though they do have the right to choose their private attorney. But, sometimes the Public Defender's Office will provide a replacement. This could... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: My husband has 2 criminal cases in another state that he reports for about monthly for the past 11 months.

The cases have not gone to trial yet. He has received discovery for at least one of the cases. He is on bond for each case, and they each involve felony charges.

Now in our home state he recently had an incident that caused him to have felonies charged.

He is now on bond here after... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 15, 2023

The description is not completely clear. If a person is on pre-trial release on two criminal cases in another state, and then gets a new criminal charge in Minnesota, it seems highly unlikely that the out-of-state court(s) will not eventually find out about the newer Minnesota criminal case. As a... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I am in MN. have two charges from the same incident. They both Domestic Abuse charges.

This is my first time facing these types of charges. There is a No Contact order with my Mom (the alleged victim) that she doesn't understand.

I am scared I am going to go to jail. My Mom said they would just give me probation. She does not want me to go to jail. She also is afraid... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 27, 2023

Facing a criminal charge is a difficult experience. Especially in domestic assault cases, I suggest looking at both long term and short term problem-solving. The long-term is most important, of course. And the trigger for most long-term consequences is "conviction." So a good goal may... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I received a citation for indecent exposure and on the citation it is not marked to go to a court hearing.

Yet,I received a notice for a court appearance. So for a misdemeanor charge can one pay the fine and not have to go to court? Also the city attorney sent a letter about being booked after my court appearance. Yet, i wasn't arrested just given a citation.

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 20, 2023

Most people facing a misdemeanor charge would like to prevent a conviction record. It will require appearing in court, until resolved. To get the best outcome possible, you'll need help from a criminal defense lawyer. So your best next step would be to contact a criminal defense attorney... View More

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2 Answers | Asked in Criminal Law and Libel & Slander for Minnesota on
Q: Can a "witness statement" be used for probable cause to detain? Even if he has an alibi.

Boyfriend charged with 1st degree felony arson due to witness statement but in the second part of her statememt it was proved by firefighters she was wrong.

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 19, 2023

I've seen a witness statement used as probable cause to detain. But I have also challenged whether such a witness statement actually supported probable cause, after the detention, in front of a judge. That issue should be evaluated in light of all available evidence and pretrial discovery,... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: I found a phone at casino 4 months ago was gonna turn it in but got in argument with fiance & left casino but realized

& left it in the parking lot now being charged with theft is this legal even though I never kept the phone & I talked with security & was banned from casino for year & told charges weren't being pressed?

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 16, 2023

A person facing a theft charge in court needs help from their own criminal defense attorney. The prosecuting attorney has no personal knowledge, and is prosecuting based upon what they've been told. So, the legal process requires perseverance, patience, and sustained effort over time, in... View More

3 Answers | Asked in Juvenile Law and Education Law for Minnesota on
Q: I have a 12 yr old sixth grader. Has mental illness p.t.s.d. and more. Can he be charged with assault?

Has a I.E.P and behavioral plan. The public schools do not know how to regulate a child with disabilities. So he has always struggled in school. Wright county is trying to charge him with 4th degree assault on a officer (felony) and 4th degree assault on school staff.

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 3, 2023

Age alone would not be a defense to assault charge for a 12 year old. But there are many defenses to an assault charge. Among those mental illness can sometimes be a defense. But I'd suggest keeping an open mind, and working with a defense attorney to get all the available information... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a defense attorney get a report from the bca or is it only the prosecuting attorney that can do that?

I believe the bca lost the evidence but my attorney says he is waiting for the report from the prosecuting attorney. It's been 7 months already. Also they keep asking me if I want to plead out.

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 2, 2023

Normally the police and-or prosecuting attorney get reports form the Minnesota BCA lab after they send in a sample for testing. Then after the prosecutor gets the report(s) form the Minnesota BCA lab, they can forward a copy to the defense attorney.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Ofp

If the petitioner stops at say a gas station and is unaware the respondent is there, is it up to the petitioner to leave immediately? I have an ofp on my ex and he has it in his mind that that if he is there first I must be the one to leave. (I have to fuel up at this station for work) Ofp states... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 22, 2023

A family court "Order for Protection" (OFP) restrains only one of the two parties, upon pain or arrest and criminal charge for a violation. An OFP restrains the Respondent not the Petitioner. But in the event of mutual OFPs, both parties could be restrained. Read the OFP itself for clarification.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Basic ofp order question.

If the petitioner stops at say a gas station and is unaware the respondent is there, is it up to the petitioner to leave immediately? I have an ofp on my ex and he has it in his mind that that if he is there first I must be the one to leave. (I have to fuel up at this station for work) Ofp states... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 20, 2023

Other way around. An "Order for Protection" ("OFP") in Minnesota will have a Petitioner and a Respondent, the two parties in the case. The only person who can be arrested and charged with a crime for violating the terms of the OFP, will be named in the OFP, and typically that... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I was charged and appointed public defender. State attorney filed to have a certain judge removed from my case . I was

Never informed about this . Recieved a probation sentence and violated . Was resentenced by the judge state had removed . Is this lagit

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 12, 2023

Was the a contested hearing in front of a judge? Or was a settlement agreement reached before that (as often happens)? Did the defense object to the judge presiding after the state had removed? It doesn't sound like a winner so far, but you may want to have a discussion about it with your lawyer.

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Does MN State law require you to be notified of a traffic citation that was e-filed? Never received anything in mail.

My 16 year old son received a notice of late payment from the MN Court Payment Center for a citation that was issued over 30 days ago. I called the police department and was told the citation was e-filed. Went to the state court records online and verified that the citation was e-filed. We never... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 10, 2023

One of the courts' most important jobs is to ensure that each citizen enjoys their constitutional right to due process. Due process includes procedural fairness; and the right to notice and an opportunity to be heard, by a fair and neutral magistrate. In general, the more the government... View More

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