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Questions Answered by Thomas C Gallagher
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

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Am I able to request that my ofp be turned into a danco?

I have an ofp on my ex and have had it renewed, if u will 3 times over the last almost 5 years. He has been violated on this ofp. He recently bought a house on my road and is even closer to my home then before. Just out of the 1000ft ordered range. He drives by all hours of the night and is... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 4, 2023

No. a court cannot turn an OPF into a DANCO. A DANCO (Domestic Abuse No Contact Order) is based on a statute that allows a court to issue such an Order in a criminal case. So if a person is a defendant in a criminal case involving "domestic abuse" then the judge could issue a DANCO... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Can the cops search your place if no one is home with a warrant
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 21, 2023

If the police have a search warrant (signed by a judge) they can break in when no one is home, and search. Usually they conduct surveillance so that they can execute the search warrant when the targeted person(s) is home. But sometimes they decide to do it when no one is present.

3 Answers | Asked in Criminal Law for Minnesota on
Q: How do I go about being falsely accused of theft in a city I've never been. I don't know how to go about it to clear it.

Theft charges in a place I've never been. There's a remote hearing scheduled but I don't know what to do. They say they have a video can I or how do I request the video. What are the best steps to take.

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

Failure to appear for a court hearing can result in an arrest warrant. So, most people will want o appear to avoid that, and the problems that an arrest warrant would cause. The best first step is to get help from a criminal defense attorney - either a private or a public defender. Then your... View More

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3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: can law enforement keep your under survellance based on false accusations of criminal activity
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 9, 2023

Law enforcement can watch (surveillance) in all the ways the public lawfully can. Plus, they can do things the public cannot, such as seek a search warrant. or an peace officer arrest. But for those, they could be required (by a defense attorney) to show justify those actions at some point, to a... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Were my rights violated?

I was supposed to get a jury trial to decide the outcome of my case, but the judge decided it all instead. Me and my boyfriend had the exact same charges, but he was given a much lighter outcome than me. I'm very confused and feel like I've been messed with a bit.

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 30, 2023

In Minnesota, everyone accused of a crime by the government has the right to a jury trial. That does not apply to a Minnesota "petty misdemeanor" since that is defined as not-a-crime, and no jail is possible. But for every criminal charge, there will be a jury trial, unless the charge... View More

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2 Answers | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for Minnesota on
Q: Can i find an attorney for a trial that starts tomorrow for False Allegations of Sexual assault and Maltreatment, MN?

Complex Case: Criminal CPS cases dismissed. Civil current. Appeals? Indefinitely suspended FamilyPT, Juvenile history. Lawyer terminated our client/att. Relationship. Cannot find anyone to represent me. Urgent ExParte; Daughter attempted suicide due to forced to lie about accusation and father... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 29, 2023

As a practical matter, the day before a trial begins is too late to retain an attorney in that case. That should be avoided by retaining an attorney near the beginning of a case. The best option "the day before trial" might be to ask the judge for a postponement of the trial, to allow... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: How do I handle a speeding ticket in MN?
Thomas C Gallagher
Thomas C Gallagher
answered on Aug 28, 2023

Contact Court Administration, to request a court appearance date. Most people want to prevent a conviction being certified by the court to the Minnesota Department of Public Safety (driver's license record). So, they see if the prosecutor will agree to a disposition that will not result in... View More

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1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: recently lost my DL due to test results that came back positive, what is the next step to getting my license reinstated?

I was parked in a gas station parking lot when an officer pulled in behind me activating his lights, he claimed he was pulling me over for a loud muffler. I did in fact have an exhaust leak. The officer stated my eyes were red ( explained due to the exhaust leak) he asked me to take a field... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 26, 2023

If police give a person an administrative Notice of Revocation of driver's license, then it's important to file an "implied consent" court challenge to it, within the 60 day time limit (or it will be forever barred). However, most will want to do so ASAP, since the sooner the... View More

1 Answer | Asked in Criminal Law for Minnesota on
Q: If a search warrant was executed and cash and alleged drugs were confiscated does the receipt have to have amounts?

For money and drugs

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 21, 2023

Isn't the question really, "If a search warrant was executed and cash and alleged drugs were confiscated, what would the significance be of the receipt not having amounts?" Two come to mind. First, police and the prosecution may be doubted about later made claims about amounts, to... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: I was caught on camera 26 time.forgetting to scan something…over a period of time . They stopped me and call the police.

he gave me a citation and told me to watch for a court date and this was at her yet what do I need to do? I do feel I rush and don’t pay attention to close when scanning or missing….. please give me advice

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 17, 2023

First, do what needs to be done to ensure that never happens again. (Perhaps, never use to self-check out lane again.) Next, set a goal for outcome in the criminal case. (Perhaps "avoid a conviction record.") To help accomplish your goal, get help from a criminal defense lawyer, either... View More

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2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Minnesota on
Q: I'm in Minnesota I have a medical marijuana card and my parole agent does not want me to use marijuanacan I be violated
Thomas C Gallagher
Thomas C Gallagher
answered on Aug 2, 2023

Minnesota now calls what was once called "parole," by the term "supervised release," to describe the period after a state prison inmate is released from prison, but subject to compliance with conditions which, if violated, could result in a return to prison. The Minnesota state... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I went 95 in a 65 and got reckless driving on top of that. Will this go on my high-school resume or affect college admis
Thomas C Gallagher
Thomas C Gallagher
answered on Jul 29, 2023

It won't if you avoid a conviction. A defense lawyer could help with that, either private or public defender. A misdemeanor traffic crime is not the most serious crime, but it's never good to have a criminal record - even a minor one. And it could influence how police view that driver... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Does law enforcement have to tell you that your under arrest? To understand the context of what I mean

I was once stopped and the officer after he ran names and plates of the car etc. came to the window asked me to get out of the car, and I did walked to the back of it, told me to put my hands out and he searched me and handcuffed me and walked to his squad and put me in the back and the only thing... View More

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

Police generally try to delay what a court may later view as "the moment of arrest." Why? Because at the moment of arrest, the judge can scrutinize whether the police officer had "probable cause to arrest" at that time (disregarding information the police officer learned later... View More

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2 Answers | Asked in DUI / DWI and Criminal Law for Minnesota on
Q: Likely possible that my 2nd 5th degree charge and Dui offense after having a adjudication sentenceing placed

15 days after the adjudication sentenceing I received a 2nd 5th degree and Dui charge but had started completing requirements of getting probation officer and starting treatment iv completed some of treatment that granted me lower my risk assessment to minimal and have passed required urine test... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jun 13, 2023

A person who picks up a new, similar charge following sentencing on a first Controlled Substance 5th Degree offense, will be in a tough situation. The most likely outcome on the stay of sentence on the first conviction, would be the judge revoking the stay. But, each case is different and... View More

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4 Answers | Asked in Criminal Law for Minnesota on
Q: A different state used a California conviction to enhance their sentence. Is that legal?

The conviction in California was a no-contest plea, and out-of-state enhancement wasn't part of the deal.

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

Minnesota can use out-of-state prior convictions to enhance a criminal charge (e.g. a misdemeanor becomes a gross misdemeanor, based solely upon a prior conviction.) Minnesota can also use out-of-state prior convictions for purposes of sentencing. However, the defense may be able to mount a... View More

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2 Answers | Asked in Traffic Tickets and Criminal Law for Minnesota on
Q: I made the mistake of speeding 39 in a 30 Urban road. Officer cited me as 169.14 2a petty misdemeanor.

I was told to pay it after ten days of it being in the system (it’s been 5 days since the ticket)

To my suprise I received a criminal mandatory traffic court hearing arraignment notice

I’m not sure what happens. I’ve never been in trouble with the law (fully clean criminal... View More

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

Most would prefer to keep a speeding ticket off of their Minnesota driver's license record. To accomplish that, the ticketed driver must avoid paying the ticket, and instead set up a "hearing officer" appointment (in the metro area) or a court appearance to discuss settlement... View More

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3 Answers | Asked in Criminal Law for Minnesota on
Q: What kind of proof does the court need to charge someone with assault aside from hearsay?

My current lawyer doesnt seem to be doing anything. This alleged crime has no proof aside from hearsay and past text confrontations. But the state is pursuing and now it is set for a jury roll call on 06-01 and I don't think it should have even gotten this far without some sort of witness or... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 25, 2023

The state will have a difficult time getting a conviction on hearsay only. Normally the prosecutor will have at least one witness to testify that a crime did happen and the defendant did it. Pretrial evidentiary issues are less common in most assault cases, compared to other types of criminal... View More

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I need a texting while driving ticket off my record for job purposes

I got a ticket for texting while driving in January 23. I paid the ticket and found out that it affects my ability to drive at my work and I need to get it off my record so that I can continue driving for my company.

Thomas C Gallagher
Thomas C Gallagher
answered on May 8, 2023

You can download this form form the Minnesota Courts website: Forms Packet: Ask to Withdraw Guilty Plea and Vacate Conviction (Petty Misdemeanor) You can use it to request a hearing on your motion to reopen the petty misdemeanor case. At the hearing, you can talk to the prosecutor to see if they... View More

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