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Questions Answered by Thomas C Gallagher
1 Answer | Asked in Criminal Law for Minnesota on
Q: Can you stop a police officer who is in the middle of committing a felony?

It is typical that the law allows a citizen to intervene to prevent the commission of a felony. If the felon is armed with deadly force, the penalties for commission and the latitude in preventing the crime are broader accordingly (this is assumption). In a recent conversation, the question came... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on May 30, 2020

Minnesota statutes authorize police officers to use greater force, and in more situations, than the rest of us. We can see that in the self-defense statutes, for example. We can also compare the statutes for police officer arrest powers, vs the citizen's arrest statute. Self-defense law is... Read more »

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: on unsupervised probation in MN 4 speeding ticket. can get no same or similar. Got a speeding ticket in NE. Will MN know

No probation officer. If I get no tickets in a year it wont go on my record. Will the ticket in NE violate my MN stay of judication?

Thomas C Gallagher
Thomas C Gallagher answered on May 24, 2020

Yes. But depending on timing and other factors, luck might favor you. There would be more incentive to delay and fight the NE ticket, in that situation, with or without a lawyer in NE.

2 Answers | Asked in Criminal Law for Minnesota on
Q: what can be done about a theft of $65 that happened a year ago

it happened in mn. a citation was sent out but there is no court date.

Thomas C Gallagher
Thomas C Gallagher answered on May 21, 2020

Assuming the person who received the citation is asking what to do: First, respond to the citation. A citation is a Summons to court. It requires the person named to respond to arrange a court date. Failure to do so, will lead to a default conviction of a petty misdemeanor; or an arrest warrant... Read more »

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2 Answers | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: If I’m underage minor who is sober and I’m driving a minor who has drank alcohol and we get pulled over

Will I get cited for them being under the influence if it is not in my car i.e. he drank it beforehand

Thomas C Gallagher
Thomas C Gallagher answered on May 16, 2020

Based on the information provided, the answer should be "no." But furnishing liquor to a an underage person can be charged as a crime, for example. Drive carefully.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I was bringing a friend to Wal-Mart..and I guess she had a warrent or something...now I have obstruct legal process

Lawful execution legal process..how is this even possible?

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

The question is missing something. But I have seen cases where a police officer is arresting a person; and a second person interferes with that arrest. Then the police officer accuses that second person of "obstructing legal process." In any event, an experienced criminal defense... Read more »

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2 Answers | Asked in Criminal Law, Traffic Tickets and Juvenile Law for Minnesota on
Q: Some friends and I went to an old abandoned school in Minnesota near where we're from.

We didn't see any no trespassing signs and we weren't planning on causing any damage, so we went in to explore a piece of history. However, the cops showed up and we all received citations. Is there such thing as a trespassing citation and were we even breaking the law by exploring the... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on May 12, 2020

Minnesota Statutes 609.605 TRESPASS, makes trespassing a crime. A police officer may issue a citation as a Summons to court, instead of arrest. Traditionally, core features of trespassing include: 1) presence on property without permission or right to be there; and 2) fair notice that you should... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was in treatment permy probation officer I have hiv and didn't feel safe i left I called him befor I did.

I left him messages explains my significant other was sick fever at 101 keeps rising and falling do I have options or am I doomed back to lock up I have a home car and job

Thomas C Gallagher
Thomas C Gallagher answered on May 11, 2020

The probation officer ("PO") supervises people on probation. The PO supervises the probationer's compliance with the judge's conditions of probation. If a probationer substantially violates the conditions, the judge may execute the stayed sentence, meaning prison in a felony... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Arrested released moved to florida during virus i was needed at home What happens to case
Thomas C Gallagher
Thomas C Gallagher answered on May 8, 2020

I'm having a hard time understanding the question with the provided information. But I'll try to guess. If a person fails to appear ("FTA") at their criminal court appearance, I would expect the judge to issue a bench warrant for that person's arrest by law enforcement... Read more »

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Speeding ticket (69-60 zone). I would like to get a CFD, how do I approach the PA?

I was stopped by a MN state trooper for speeding (69mph in a 60 zone, noting that the Trooper reduced it from 74). From the point that I turned onto this road to where I was pulled over, there were no speed limit signs (I have a dashcam). I have a clean driving record and the vehicle has Ambulance... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on May 7, 2020

I won't answer all of those questions here. Instead, I invite your personal phone call to discuss. I will offer a couple tips here, though. Most people don't want a speed conviction on their driver's license record. The two most common results that fit that bill are: 1)... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: What are the chances I would win if I take it to court, (especially given the covid-19 situation).

Cop was driving in the opposite direction and made a U-turn. By the time he flashed his lights, the speed limit had changed from 35 to 45 after a right turn. He claimed I was going 50 in a 35 (before the right turn), but I'm sure I wasn't going more than 45. He did end up giving me a... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on May 6, 2020

Most people facing a typical speeding ticket set a goal of keeping a conviction off of their driver's license record. Avoiding a "conviction" will do that. That's because the court will only "certify" a vehicle or driving-related offense to the Minnesota Department... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Can a person get life in Federal prison time for selling a half gram of heroin to a person in a treatment center?

My son sold a half gram of heroin to someone in a treatment center and he overdosed but is alright now. The problem also is he lives in Moorhead MN and the treatment center is Fargo ND. They say it is trafficking and said that unless he works with them they will push for life in a federal prison.... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Apr 29, 2020

I know the circumstances of my client's cases. But I don't have the facts on other cases. In general however, drug crime penalties are cruel and severe. And in federal court, some drug crimes can result in life imprisonment sentences. So caution would be prudent. But drug police... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: My Dad was arrested for sexual conduct of the first-degree 8 years ago and I was wondering if anyone could look into it?

re My Dad's case. I was wondering if someone could look into the case to see if it was unfair and I understand it may be difficult do to the coronavirus pandemic and I do not have any money because I am only 13 years of age so unless you accept pocket change I understand if you cannot look... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Apr 28, 2020

I would encourage you to talk to your mom or other adult family member to ask them to help you work on this. There are things you could do, together, to look into the matter. But it will be difficult for a juvenile to do those things without help from a trusted adult family member. Also, I would... Read more »

2 Answers | Asked in Federal Crimes, Libel & Slander and Juvenile Law for Minnesota on
Q: What are the consequences if someone presses charges on you for throwing lemonade on their parked car?

No one was inside the car. There was no damage. Maybe made a tiny section of the car sticky. The person however is accusing us of keying the car. We did not.

Thomas C Gallagher
Thomas C Gallagher answered on Apr 27, 2020

Only the police or a prosecutor can initiate a criminal investigation and charge. A person can complain to police, who might or might not investigate. If police do investigate, avoid talking to them. Talk to a criminal lawyer first. Apart from legal action, it's a good idea to respect... Read more »

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1 Answer | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: adjudication

If Minnesota law says that children 14 and younger are legally incapable of committing crimes, how can a child who was 11 at the time of the action be adjudicated?

Thomas C Gallagher
Thomas C Gallagher answered on Apr 25, 2020

It appears that the minimum age at which a youth can be adjudicated delinquent is 10 years old; but the youngest age at which a youth can be certified as an adult for criminal liability is 14. However my view is that many young juveniles are incompetent to participate in the court process due to... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: At what age can a child be adjudicated in Minnesota?

Can a 17 yr old, who was charged with 5th degree sexual conduct and has been in the juvenile system 4 years be adjudicated if they were 11 years old at the time of the action?

Thomas C Gallagher
Thomas C Gallagher answered on Apr 25, 2020

I've represented 11 year-olds charged with sex crimes in juvenile court. Last time I researched it, the minimum age for juvenile prosecution in Minnesota was age 10.

3 Answers | Asked in Criminal Law for Minnesota on
Q: If I pay for a stolen item am I admitting to the crime and can be charged

A lost prevention agent is threatening to charge me with Eating and abetting felony theft if I don’t give him $1700 by Friday how can I be assured that he won’t charge me anyway

Thomas C Gallagher
Thomas C Gallagher answered on Apr 23, 2020

Potentially, yes. But there is a way to pay a disputed claim without admitting wrongdoing. This is best done through your attorney. Also, such a demand should be reviewed for the potential for fraud on the part of the "loss prevention agent." Don't be a victim. Call a criminal defense attorney.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I bought a car with a loan from a bank and subsequently I was arrested for 5th degree drug possession.

The police are now seizing the vehicle through forfeiture laws. I am not a drug dealer, can they legally do that?

Thomas C Gallagher
Thomas C Gallagher answered on Apr 23, 2020

Unfortunately, Minnesota lawmakers have enacted asset forfeiture laws. Even worse, they made them quite complex, with financial rewards for the same police who seize your property. As a result, vehicle forfeitures can go through, even where the owner is not a seller of illegal drugs. But, there... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I am in an abusive marriage and have a warrant, how can I get around. Going to jail? I cannot leave my home!

My warrant is out of Anoka Co. MN for failure to turn myself in for failing to complete a dwi MADD IMPACT CLASS. My husband made it so I had no way to get to the classes on purpose, I've paid for the classes but was unable to go. I cannot go to jail, he has threatened to sell all my belongings... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Apr 22, 2020

Contact the Anoka County Public Defender's Office about the warrant. Getting the class done could also be quite helpful.

On the abuse issues, consider contacting a counselor, support group like Alanon, a domestic abuse services agency, or a family law attorney. Many helps and options...
Read more »

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3 Answers | Asked in Criminal Law and Probate for Minnesota on
Q: A woman entered the apartment of a deceased man and began removing all the property. When the police arrived, the woman

Lied to police and said she was 'next of kin'. The police required zero proof. Now the man's girlfriend and their children have nothing. The police, Sheriff, etc refuse to take a report of the crime. It has been more than 2 years. Can anything be done?

Thomas C Gallagher
Thomas C Gallagher answered on Apr 22, 2020

There are several things a person can do in an attempt to encourage police and prosecutors to investigate and prosecute. But only the government can prosecute a criminal charge. Anyone can commence a civil lawsuit, though. A civil attorney may be helpful in pursuing a civil claim. Or if the... Read more »

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got a speeding ticket this evening, on the ticket it says that I was doing 70 in a 75 zone

As well as it said I was 5’ 51” tall my question is do I have to pay the ticket since he said I was not speeding?

Thomas C Gallagher
Thomas C Gallagher answered on Apr 21, 2020

If a person receives then ignores a traffic ticket, a conviction will result. And it will go on the person's drivers license record. Instead, it's a good idea to contest every traffic citation. Most have the goal of preventing a conviction. You may be able to get the prosecutor to... Read more »

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