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Questions Answered by Thomas C Gallagher
2 Answers | Asked in Immigration Law, Personal Injury, Traffic Tickets and Workers' Compensation for Minnesota on
Q: MN Statute 169.18(8)(a) - I need an affordable lawyer who can help me on this traffic citation please.

On July 18th I was cited for following a car too close as he was turning right in front of me on a 35E exit to pilot knob road which is a two-lane road. MN Statute 169.18(8)(a) I did end up closer to the vehicle than I, myself, would have preferred since the front car slowed to turn much more than... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jul 20, 2021

How do they prove the distance was not "reasonable and prudent?" They will need admissible evidence. This could include witness testimony, accident investigation by the police officer (if any), car "black box" data, etc. Most people want to keep their driver's license... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: What are burglary tools by law?
Thomas C Gallagher
Thomas C Gallagher answered on Jul 12, 2021

See, e.g. State v. Peterson, unpublished, Minn Court of Appeals 2020:

"A person is guilty of possession of burglary tools when he "has in [his] possession any device, explosive, or other instrumentality with intent to use or permit the use of the same to commit burglary."...
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1 Answer | Asked in Criminal Law for Minnesota on
Q: My bf was charged with domestic assault. How do I play the difficult witness card.

I asked the prosecutor to drop the charges as I just wanted him to leave that night. She would not drop them but offered a deal of disorderly conduct. He refused the deal. I will be subpoenaed to testify. I’ve been told without me the witness there is no case and I can be difficult or... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jul 12, 2021

The prosecution has the burden of proving guilt at a criminal trial, with evidence. Normally hearsay (an out-of-court-statement offered-to-prove-the-truth-of-the-matter-asserted) is inadmissible at trial (is not evidence). As a result, if the prosecution's key or sole witness does not appear... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I get my first speeding ticket the speed limit is 25 mph my speed is 35 mph can I removed from my record
Thomas C Gallagher
Thomas C Gallagher answered on Jul 5, 2021

It's unlikely that a person will be able to remove a traffic ticket from their Minnesota drivers license record after; if they pay the ticket or plead guilty. The way to keep it off the DL record is to challenge it before that. If it were me, I would set a goal of avoiding the speeding... Read more »

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2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: Can my husband face criminal charges for committing adultery with his first full blood cousin?
Thomas C Gallagher
Thomas C Gallagher answered on Jun 29, 2021

The Minnesota crimes of "Adultery" and "Fornication" are rarely prosecuted, though still in Minnesota Statutes. The Minnesota crime of "Incest" excludes first cousins. But I have represented clients charged with Minnesota Criminal Sexual Conduct 3rd and 4th Degree... Read more »

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Officer could not provide a ticket to sign because her in-car printer was broken. Can I get a dismissal based on that?

I was pulled over for not stopping at a stop sign in Minnesota (I'm from Texas) but when she came back to the car with my license, she said that she couldn't give me a ticket to sign because her printer was broken. Can I get out of this ticket because of that?

Thomas C Gallagher
Thomas C Gallagher answered on Jun 29, 2021

No. But I encourage you to fight the ticket on other grounds, for other reasons.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: What’s the best way to ask for a dismissal of a speeding ticket?

I received a ticket for speeding in a special commissioners zone. Speed limit dropped from 55 to 40 in front of a State Park parking area but I don’t recall any yellow warning signs about the speed drop. The ticket is for 59 in a 40 and I’ve read that anything over 15mph over stays on record... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jun 27, 2021

It's good to have a clean record for over five years since prosecutors will generally ignore prior speeds over five years old. You sure can call the prosecuting attorney to discuss settlement possibilities. I would not expect a prosecutor to dismiss a ticket outright. They will want... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I made an anonymous report about someone committing economic assistance fraud. They received a court summons.

Can their attorney gain access to my anonymous phone call?

Thomas C Gallagher
Thomas C Gallagher answered on Jun 4, 2021

Police and prosecutors do what they can to hide tipster identity. But sometimes they are required to produce it. But often the defendant can figure it out from the available information.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I arrived at my ex house and she called the police because I was intoxicated from the previous night. The police had me

Leave the premises. I was too intoxicated to drive so I slept in my car. At some point, the cops were escorted my ex to her car, I had received a call that woke me and as she was getting in her car I waz pulling out. The police had weapons drawn and arrested me. My question is how can I prove I was... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jun 1, 2021

If you're charged with a crime, step one is to look at the criminal statute they claim was violated. It will contain the legal elements, each of which must be proved by the prosecuting attorney in order to make a case. When it comes to circumstantial evidence, if that evidence gives rise to... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Can someone be charged with possession of a gun when the gun was not found on body and the gun has no firing pin in it?
Thomas C Gallagher
Thomas C Gallagher answered on May 30, 2021

A person can be in criminal possession of a firearm even when not on their body. Read up on "constructive possession." Minnesota and the United States statutes contain many gun and gun-related crimes, including some for "replica firearms" and defining "firearm" to... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: Someone was beat up, thrown down the stairs and choked while under water was caught by her son.

She signed herself out of the hospital and died the next morning. Will he be charged with her death? If not why?

Thomas C Gallagher
Thomas C Gallagher answered on May 23, 2021

The question states that someone may have committed an assault crime, and implies that may have resulted in hospitalization. If true, that could lead to a felony assault charge. Most deaths are not caused by crime. But if there is evidence that a criminal act resulted in a death, a prosecutor could... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: Someone was beat up, thrown down the stairs and choked while under water. They ended up in the hospital.

She signed herself out of the hospital and died the next morning. Will he be charged with her death?

Thomas C Gallagher
Thomas C Gallagher answered on May 23, 2021

The question states that someone may have committed an assault crime, and implies that may have resulted in hospitalization. If true, that could lead to a felony assault charge. Most deaths are not caused by crime. But if there is evidence that a criminal act resulted in a death, a prosecutor... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Uttering a forgery

I wrote a check to a lady who had a truck for sale, the check was bad as I didn't have the funds in my account, I am now being charged with uttering a forgery which is class h felony it says i can get up to 6 years in prison. They are stating that the detective contacted chase bank where i... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on May 20, 2021

Certainly everyone facing a felony charge needs a defense attorney. Do not talk to police or a prosecutor. Assert your rights. Call a criminal defense attorney in the state where the charge has been filed. Get representation from either a public defender, or a private criminal defense attorney.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: If I have a felony but I got an offer as a drop off as a misdemeanor and am I convicted to the felony or misdeaminor ?

I just wanted to know that and I also if I do an early charge do I need to have an attorney or not

Thomas C Gallagher
Thomas C Gallagher answered on May 18, 2021

Yes, a person facing a felony charge needs a defense attorney helping them. Your defense attorney should be able to get a better outcome in the case. Apply for a public defender. Or call and retain a private criminal defense attorney.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was charged with disorderly conduct. I am not sure what even for.

I didn't do anything before the police arrived. I walked through some yard, but I wasn't charged with trespassing. I didn't scream or cause any ruckus. It's basically retaliation from some neighbors, they called the cops and I wasn't even doing anything. They all got... Read more »

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

Point-of-view is important in these situations. People frequently perceive events in extremely different ways. That's one important aspect of similar cases. Another is managing interpersonal conflict, and the motives behind police calls and accusations. I look for these things when... Read more »

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3 Answers | Asked in Criminal Law and Animal / Dog Law for Minnesota on
Q: Firearms related question relating to dogs in the state of MN.

Say I was walking my dog, and I do not have a carry permit, would it be possible to find me guilty of carrying/concealing a pistol if it's concealed on my dog and not my person.

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

Yes. If those facts were known, a prosecutor could claim constructive possession. There are limited circumstances where a carry permit is not required in Minnesota, such as in your own home, etc. - but that has nothing to do with the "possession via dog" angle.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is paying a traffic ticket the same as admitting guilt with a plea bargain?

I was offered a plea bargain to remove a ticket that wasn’t valid if I plead guilty to the other ticket. Is the omission of guilt the same paying it vs admitting it on paper in the plea ?

Thomas C Gallagher
Thomas C Gallagher answered on May 14, 2021

Paying a ticket for a petty misdemeanor by mail or online, without a plea agreement would result in conviction. A prosecutor could offer a two-for-one type deal -- not uncommon.

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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: My assistant public defender quit. She poorly did my contested omnibus only challenge half of issus can i reopen it?
Thomas C Gallagher
Thomas C Gallagher answered on May 14, 2021

Generally, no. But your new lawyer (or you) could ask the judge (in the form of a written motion) to reopen the Contested Omnibus Hearing while asserting reasons why the judge should allow that. Discuss with your new attorney.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Received a minor out-of-state traffic violation while under supervision for another ticket from my home state.

In December, I got pulled over for speeding in my home state (Illinois) and received court supervision for 180 days along with paying the ticket. I had to attend traffic school, to which I completed, and after 180 days the citation would be lifted from my record. In March, I moved to Minnesota and... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on May 7, 2021

Check with an Illinois Attorney about the Illinois question. Without knowing the details, I'd consider delaying the resolution of the Minnesota case until after the Illinois case is dismissed. The way to do that would be avoid just paying the Minnesota ticket. Instead, contest it, be... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can a 14 year old go to juvie for criminal mischief
Thomas C Gallagher
Thomas C Gallagher answered on May 6, 2021

I've never heard of a Minnesota Statute defining "criminal mischief" as a crime. However, a juvenile can be arrested and jailed on a probable cause hold, for allegedly committing a crime, or a status offense. And if adjudicated delinquent or convicted, the judge has the option of... Read more »

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