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Questions Answered by Thomas C Gallagher
3 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: If I am convicted in CA state court, then after I've been sentenced to 4 yrs in prison, but before I've began to serve..

If I am convicted in CA state court, then after I've been sentenced to 4 yrs in prison, but before I've began to serve this sentence the judge lets me out on bond pending appeal. While out on bond pending appeal I'm arrested for a federal offense, convicted and sentenced for said... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jan 15, 2021

Since the question concerns California law, best to ask a California attorney.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Is McNaughton still the standard by which we treat mentally ill people who commit crimes, ie capitol murder?

Minnesota law.

Thomas C Gallagher
Thomas C Gallagher answered on Jan 8, 2021

Essentially, yes in Minnesota. See Rule 20.02 of the Minnesota Rules of Criminal Procedure. But Minnesota does not have the death penalty.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: going to court cuz I didn’t pay my ticket for speeding and no proof of insurance. My question is what’s going to happen
Thomas C Gallagher
Thomas C Gallagher answered on Jan 1, 2021

I'm not sure what that means or refers to. You may want to make a phone call to a criminal defense lawyer to ask a few questions.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Not paying my ticket for speeding and no proof of insurance I have to go to court f
Thomas C Gallagher
Thomas C Gallagher answered on Jan 1, 2021

Not sure what the question is. But, I suggest contesting every charge in court.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is there a consequence to waiting until Monday to contest a ticket when today is the 30th day
Thomas C Gallagher
Thomas C Gallagher answered on Dec 27, 2020

I view the 30 day time limit is soft deadline. They're letting you know the court will wait at least that long before considering the matter a conviction by default. Typically courts will wait at least 45 days before doing that. But a defendant can file a motion to reopen a ticket with a... Read more »

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: I had 30days to respond to ticket but today is Sunday and the 30th day. Should i just pay ticket or wait til mon to cal

What happens if you go beyond the 30 days? Does it matter if its a Sunday? I would Iike to contest my ticket for a continuance of dismissal, but I’m not from the area where i got the ticket. I was going 20 over the speed limit, but the ticket was only issued for 10 over, so is it wise to just... Read more »

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

I view the 30 day time limit is soft deadline. They're letting you know the court will wait at least that long before considering the matter a conviction by default. Typically courts will wait at least 45 days before doing that. But a defendant can file a motion to reopen a ticket with a... Read more »

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3 Answers | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: Can a cop use items found after i was arrested to show probable to get a search warrant for my blood?

I was arrested for suspicion of DWI after being pulled over for a third brakelite being out. Can the police use incriminating evidence found only after the search incident to arrest? I would think they would had to have the search warrant prior to arresting me or at the very least the probable... Read more »

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

Police can use lawfully obtained evidence to support a request for a search warrant. But if they obtain evidence illegally; that illegal evidence alone would not support "probable cause" for a judge to sign a search warrant. In the context of a DWI case, police often get evidence by... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: presidential pardons are an admission of guilt can this be used in a state court against a defendant?
Thomas C Gallagher
Thomas C Gallagher answered on Dec 13, 2020

A Pardon is no admission of guilt. The person pardoned is not making a statement. The President (or Governor, state pardons board) is making the statement with a Pardon. However, most pardons happen after a conviction, which would either result from a guilty plea (admission of guilt) or a... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was convicted if a 5th degree drug charge in mn and lost the right to have a gunmcam I get my right to have a gun back
Thomas C Gallagher
Thomas C Gallagher answered on Dec 4, 2020

Assuming the Minnesota state defendant is no longer on probation and the sentence has been discharged, civil rights to firearms can be restored in two ways: (1) a statutory petition to restore rights granted by a Minnesota judge, or (2) a Pardon granted by the Minnesota Pardons Board.

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3 Answers | Asked in Criminal Law, Traffic Tickets and Car Accidents for Minnesota on
Q: Why is my appearance in court mandatory?

I was in an accident due to a failure to yield left and they found me at fault for the accident. I was told by the officer in charge that I would be able to pay my citation and plead guilty for the charge, but now it says I have a mandatory court appearance. It is a misdemeanor for crim/traffic and... Read more »

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

If the officer checks the "property damage or injury" box on the citation, the court appearance becomes mandatory. That means failure to appear will result in an arrest warrant. A misdemeanor is a crime punishable by a maximum of 90 days jail, though jail is rare in cases like this.... Read more »

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3 Answers | Asked in Criminal Law, DUI / DWI and Arbitration / Mediation Law for Minnesota on
Q: Hi, I am having issues with fulfilling my community service hours due to COVID

I am wondering about how courts are dealing with this COVID mess and the required hours for community service. Instead of doing Sentence-to-serve, I have been approved to do community service but have been having a difficult time fulfilling my hours. My deadline has already been pushed back twice... Read more »

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

I would expect that a probation and a judge would give extensions for this reason, but in the end would require the time to be served in jail. After all, community service is considered a jail substitute by the courts. Therefore, if it were me, I'd simply find a way to get the hours done.... Read more »

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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: how to get a conviction thrown out if the judge bipassed evidence and used a dead person as a witness

the judge used a dead person as a witness in a criminal domestic trial is that lawful and also I thought they have to prove beyond a reasonable doubt they took hearsay of my baby mom and the doctor said there were no signs of strangulation the police said the something and she also contradicted... Read more »

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

The questions about trial errors would require a review of the trial transcript. That's just not possible here. Contact a criminal defense attorney who regularly does post-conviction work. And do it soon, because there are short deadlines for appeal and other post-conviction relief. If you... Read more »

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4 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Minnesota on
Q: My car was seized because of a felony amount of marijuana will I get it back? Scott county mn

I was driving and got pulled over for not fully stopping at a stop sign. I had an odor of weed in my car. They gave me a notice of seizure and intent to forfeit. How do I get it back?

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

The Notice of Seizure and Intent to Forfeit begins an administrative forfeiture under Minnesota law. (Note: Different states and jurisdictions, i.e. federal, have different laws and rules on civil asset forfeiture.) If gives notice of a time period for a legal challenge to the forfeiture.... Read more »

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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Does statue limitations apply to convictions
Thomas C Gallagher
Thomas C Gallagher answered on Nov 22, 2020

The question is not clear. But, a statute of limitations limits a person (or prosecutor) from filing an effective legal claim with the court, unless they either serve the opposing party (most civil) or file the charging document with the court (criminal) within the applicable time period. So it... Read more »

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Earlier this year I received a ticket claiming I passed a bus with its red lights blinking. Is there a way to fight this

I was behind the bus but passed it before it started to slow down or put on it’s lights. I received a call for cop who told me the bus driver gave them my plates but I could fight the ticket in court. I have no witnesses as I was alone in my car. Is it possible to fight and win this? I was... Read more »

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

Most people want to prevent a conviction record, which would negatively impact their driver's license and insurance costs, as well as increase the risk of future tickets. Court is "mandatory" for misdemeanors but court is the only place you can prevent a conviction, a good thing.... Read more »

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: 30 day deadline is today for citation. Would it be wise to wait until Monday to call them and talk to a hearing officer?

30 day deadline

Pay citation and hope for the best

Or contact them on Monday

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

Contest it with the court, to prevent a default conviction (or warrant, if applicable). Set up a "hearing officer" appointment ASAP. Then make sure the vehicle title is no longer in your name. If it still is, get that corrected. Seek help from a criminal defense lawyer.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Got a citation for vehicle I don't own anymore. I live in another state. What can I do as today is the 30 day deadline?

Citation for operating vehicle with expired registration.

I do not own the vehicle anymore

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

Contest it with the court, to prevent a default conviction (or warrant, if applicable). Then make sure the vehicle title is no longer in your name. Seek help from a criminal defense lawyer.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: In Minnesota if someone comes breaks into you home can you just shoot them and receive no punishment?

I am being told you can and I am being told you can't from 2 different people. One is saying Minnesota doesnt have castle law or stand your ground law so you have to flee first. The other is saying you can just pull out gun and kill the person without trying to flee.

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

Though Minnesota does not impose a "duty to retreat" in your own home, the use of force in self-defense must be reasonable. Using a firearm towards a person would qualify as the use of deadly force. Minnesota Statutes say that deadly force is reasonable and lawful:

“when...
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3 Answers | Asked in Criminal Law for Minnesota on
Q: Does the state of Minnesota have to have proof or do they go on the past criminal charges that are more than 10 yrs old

If there are no pictures of domestic violence or any evidence do they actually have a case in the state of Minnesota for a domestic violence charge which is a gross misdemeanor

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

Though the question is unclear, it may be about the state's proving a prior to enhance a misdemeanor domestic assault charge to a gross misdemeanor, based upon the fact of a prior similar conviction. The state does have to prove the prior, and sometimes they can't for various reasons.... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Somebody I know was recently arrested based on a pending fourth degree charge against an officer despite

The fact that they did nothing illegal. They were accused of pointing a laser pointer at a police officer, but from what we've found so far, pointing a laser pointer at an individual is not recognized as a crime in MN by any means. It is a felony to point one at an aircraft, we know. They are... Read more »

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

It sounds like you may be trying to describe a person being held in jail on "Probable Cause (PC) - Felony Assault 4 vs a police officer." A person can be held for only a few days on a "PC Hold" in jail. If a prosecuting attorney does not file a charging document within the... Read more »

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