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Questions Answered by Thomas C Gallagher
3 Answers | Asked in Criminal Law for Minnesota on
Q: I just found out a have two felony warrants. One is for failure to appear. The other says check fraud.

I live out of State and had no idea that I had a court date. I am a single mother with limited income. This has to be some type of fraud. How do I find out what it's about and get the warrants lifted without going to jail. I have never wrote a bad check. I have no clue what this would be about. I... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jan 20, 2020

The way to clear a warrant is normally to surrender to law enforcement, ideally in the jurisdiction originating the warrant. But in recent years, some arrest warrants for lower level criminal charges can be cleared with bail, without being booked into jail to await a bail hearing. In a case of... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was charged for Reckless Endangerment at the age of 17 in ND. Will this disqualify me from being a cop in Minnesota?

I was charged as a juvenile. Reckless endangerment is normally a class c felony in ND, but being a juvenile, It was taken down to a misdemeanor. Will my juvenile record stop me from having a career in law enforcement?

Thomas C Gallagher
Thomas C Gallagher answered on Jan 17, 2020

Check out the info on the web page for MINNESOTA BOARD OF PEACE OFFICER STANDARDS AND TRAINING (POST), titled "Becoming an Officer;" then "STANDARDS FOR PEACE OFFICER ELIGIBILITY." And check the link to "Minimum Selection Standards, MN Rules 6700.0700, Subp.1, E. or F." That seems to indicate... Read more »

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Location MN. Do you need to stop for a school bus at a T-Intersection when you are on the main road with no stop sign

School bus has red lights on, is on the road that has a stopsign to the main road.

Thomas C Gallagher
Thomas C Gallagher answered on Jan 15, 2020

The 2019 version of the statute seems clear enough: Minnesota Statutes 169.444 SAFETY OF SCHOOL CHILDREN; DUTIES OF OTHER DRIVERS.

"Subdivision 1. Children getting on or off school bus. When a school bus is stopped on a street or highway, or other location where signs have been erected...
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3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Minnesota on
Q: How do you get a danco dropped or can you even? If you modify an ofp does that modify the danco as well?

By bf and I have an ofp and also a danco. I have court this wed to ask to modify the ofp as I'm pregnant and want phone calls and for him to attend my Dr appts. Hes in treatment. If they grant the ofp modification does that go for the danco as well or do I have to do something else for the danco to... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jan 14, 2020

In Minnesota, the parties in an Order for Protection ("OFP") case are two individual people, the "Petitioner" and the "Respondent." As a result, the Petitioner has the right, in the civil OFP case, to ask the court to vacate and dismiss the OFP. And the Court will. But, in contrast, in a... Read more »

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3 Answers | Asked in Criminal Law, Domestic Violence and Family Law for Minnesota on
Q: I don't want to testify against my bf will I be in trouble if I don't ? Its a domestic assault type case

My bf is being charged with 2nd deg assault w/dangerous weapon. I don't want to testify as I dont want him to go to jail. The issue was he was on drugs and now in a long term treatment program. I wanted him to get help for his issues. He is pleading not guilty and taking it to trial. If I get... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jan 14, 2020

I sometimes represent witnesses. Call me if you'd like to discuss.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I'm in Minnesota can I be force to fight a criminal case without a attorney been denied a public defender I'm unemployed

But I'm married and stay with my wife..

Thomas C Gallagher
Thomas C Gallagher answered on Jan 13, 2020

Since a judge can deny public defender representation based on qualification, yes. But the court will consider a new application, with updated, new, or more accurate information.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Minnesota violation for no front license plate. The citation has the wrong color of car and license plate year is blank.

Ask for dismissal?

Thomas C Gallagher
Thomas C Gallagher answered on Jan 10, 2020

Not if you give the prosecutor a heads up about those, prior to the trial. But you might consider going to a court appearance to try to negotiate: 1. a reduced fine; or 2. a "no conviction" outcome with a higher financial penalty.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I just received a ticket for "motor vehicle registration-display". I did not have my whiskey plates on, but had them in

the back window. I'm an older woman and tried to put them on, but could not get them to stay. And, I could never get the front one off. They never originally removed my plates. as of now it does not show in the system yet. The ticket says "original" and there is no Officer name or Controlling... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jan 8, 2020

Each person must decide. If it were me, I'd set up court date and work on a "non-conviction" outcome, with the expectation of paying "prosecution costs."

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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Is it possible to have a disorderly conduct charge dropped and/or ensure that this doesn’t show up on background checks?

I’m being charged w/disorderly conduct as a result of my fiancée calling/lying to police during a bad argument. He told the officer that I hit him during this, when I did no such thing. In my struggle to get away from him (I was pinned up against a wall) the most I did was yell loudly for my... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jan 3, 2020

Yes. With a help from me or another experienced criminal defense attorney, you maybe able to prevent a conviction. That you should prevent problems with background checks. But you could also then Petition for record expungement for even more. See my website for more on criminal defense and... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: isnt it unreasonable for a probation officer who has monitored a phone a yr. at defend. expense to then take and keep it

she took and kept phone for no stated reason he missed his call to her two days later now he is in jail for 2 months with high bail she had no reason to take it she monitored for a year

Thomas C Gallagher
Thomas C Gallagher answered on Dec 30, 2019

It is not clear from the stated question what the situation is. The solution maybe to call a criminal defense lawyer on the phone, so the most relevant, known information can be considered.

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1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: What does it mean when you’re charged with kidnapping to facilitate felony or flight

There’s two charges for that, along w aggravated robbery and trespassing somewhere he was ordered to stay away from

Thomas C Gallagher
Thomas C Gallagher answered on Dec 26, 2019

Here is an excerpt from Minnesota's current kidnapping crime statute: "609.25 KIDNAPPING.

§ Subdivision 1. Acts constituting. Whoever, for any of the following purposes, confines or removes from one place to another, any person without the person's consent or, if the person is under the...
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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Do you need a driver's licence to travel in the UNITED STATES
Thomas C Gallagher
Thomas C Gallagher answered on Dec 26, 2019

The U.S. Supreme Court has affirmed a Constitutional right to travel within the United States. In recent years, increasing legal restrictions on this right may eventually attract a legal challenge.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: A detective is trying contact me won't tell me what's its about how can I find out without meeting with the detective

I've spoken on the phone with him and he just keeps saying we need to talk and I've told him that have nothing to say to him without a lawyer how can I find out what this about without meeting the detective

Thomas C Gallagher
Thomas C Gallagher answered on Dec 26, 2019

Police who want to talk with a suspect have a problem. Why would the person talk to police if they knew what police were up to? They typically will tease the person's curiosity to bait the trap. Don't talk to them on the phone, in person, or ever. Call me or another criminal defense lawyer... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: If a case is dismissed by the Prosecutor, then they re-open immediately with a complaint, is all previous info in invald

Case was dismissed because Defendant wanted a complaint. Case was re-opened same day as dismissed with same case number and clerk says it was never really dismissed. There is a Motion to Dismiss that was not officially "heard" will that have to be re-submitted?

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

The question is unclear. But generally prosecutors have the power to recharge a dismissed case, prior to trial.

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3 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: My boyfriend was arrested for a warrant and my truck was seized by the county police. I was not present during that.

Stimulation offered to me i refused to agree to. Saw judge once and he said I needed to file some sort of claim or process but I cant remember what or which. What do I do to start legally regaining my property and sue the county for unneeded force by running into my parked and shut off truck... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Dec 22, 2019

If police or the prosecutor gave you a Notice of Seizure and Administrative Forfeiture, or similar document, that limits your time to challenge the forfeiture to 60 days. And you should immediately file a challenge to that forfeiture, with a lawyer and-or in conciliation court. If not, you should... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: if the prosecutor made a false statement saying I had drug para/a scale on my persons in a motion response can I fight

im on appeal currently because, I was pulled over as passenger in a vehicle I was placed under arrest for a misdemeanor non drug related warrant at the time of my arrest I was detained and moved to a squad car later a k-9 sniff of the car lead to a physical search, in that perch was found in a... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Dec 22, 2019

This is something that a criminal attorney would need to be the attorney-of-record, with access to all information and sources of information. Only then could that attorney analyze the facts, the trial court record on appeal, and the relevant law. From the limited info provided here, yes it could... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: On my speeding citation the trooper has the offense location wrong. Can I fight this rather than paying the fine.
Thomas C Gallagher
Thomas C Gallagher answered on Dec 26, 2019

The wrong location notation would not be grounds for immediate dismissal for that reason. But it could be helpful to an attorney defending the case.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Will a speeding ticket from the state of California, give my license in the state of Minnesota a point?
Thomas C Gallagher
Thomas C Gallagher answered on Dec 19, 2019

Minnesota Department of Public Safety does not use a point system for driver's licenses. But they do count out of state traffic convictions towards "habitual violator" Minnesota license revocations.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I got a ticket for theft and its been three weeks and there's no record of it on the court website is it still valid?
Thomas C Gallagher
Thomas C Gallagher answered on Dec 15, 2019

If three years pass, you may have a statute of limitations defense. Wait, without reminding them. Check the court's website now and then. And watch your mail for a Summons.

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2 Answers | Asked in Criminal Law and Probate for Minnesota on
Q: Why do I have two probation officers to report with in the same county. 1 is county 1 is doc but I never went to prison

P.o. doesnt help me from not recommiting crimes but push/force me to break laws in order to have any chamce of jumping through the hoops set upon me. Why?

They dont call me back. They dont mail me anything. They refuse to help me, why? Is this legal what they are doing to me?

I'm... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Dec 11, 2019

It sounds like you may be on court probation on one case, and MN DOC supervised release on another. It's tough, but important to get along with your P.O.s. As far as issues with them, I'd suggest to try to go above and beyond in efforts to communicate, including setting up in person meetings to... Read more »

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