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Questions Answered by Thomas C Gallagher
2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: How can I get my gun rights back?

My felony drops to a misdemenor when probation is completed. My probation will be complete in the next 3 months and want to know if i can purchase and own firearms or not, or if I can have my rights restored

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

You would need to know what you were convicted of: state vs federal, court file number, statute of conviction.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Got a speeding ticket for doing 49 in a 30 mph zone (exiting a small town) - HOWEVER -

I was within about 30 ft of a speed limit sign that stated 60 mph. I took a picture of it thru my dash. Thought if I was within sight of the next speed limit sign, I could justify that speed?

Thomas C Gallagher
Thomas C Gallagher answered on Aug 21, 2021

That might be a basis to defend a speeding ticket. I'd check the MMUTCD to see if it supports, defeats, or doesn't mention it. But there may be better defenses, and approaches. A lawyer would help. But fight it no matter what, since you have nothing to lose by trying, and could win.

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1 Answer | Asked in Juvenile Law for Minnesota on
Q: My 14 just got arrested for having a stolen gun. He is in a juvenile center what are the statues

This is his first offense

Thomas C Gallagher
Thomas C Gallagher answered on Aug 19, 2021

Minnesota Statutes Sec. 609.52, Subd. 3. "Sentence. Whoever commits theft may be sentenced as follows:

(1) to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both, if the property is a firearm, or the value of the property or services...
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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: My son,16 was charged with underage drinking and driving & speeding in February. Question below...

He received a speeding ticket 08/01 and another 08/17/21. I am beside myself but at any rate, I'm more concerned about his driving record and insurance, the 08/01 the officer gave an extreme speed but it's payable. There's no way my son could've been going that fast with the... Read more »

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

Yes. It's worth fighting every traffic citation, since doing so will often improve the outcome - whether keeping the record more clean or otherwise. Also, people that go to court and defend against charges, in my experience, tend to become more aware of the importance of avoiding future... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Received a ticket tonight in Carlton County. Tribal officer lied about the speed.

Cruise control was set for 30 miles. When pulled over I was told it was for speed. I asked how he measured my speed and he refused to answer. Wrote me for 73 in a 60. How do I request dash and body camera video for court ?

Thomas C Gallagher
Thomas C Gallagher answered on Aug 16, 2021

Contact the court to request a court date, to contest the ticket. If you can't resolve it with the prosecutor in a satisfactory way, you can send the prosecutor a written request for discovery. They may charge a fee for copies. Of course, you may have better luck with an attorney... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I get a violation of probation charge if I was caught with weed but wasnt written a citation? On probation for a dwi

I live in Minnesota

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

Yes. No one can change the past. But in the present and future, be sure to comply with conditions of probation.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: My friend is being charged with controlled substance charge. On her paperwork from her arrest there is an F.B.I. number

At the top where there is also the case # etc. Why and what does that mean? Is it normal?

Thomas C Gallagher
Thomas C Gallagher answered on Aug 3, 2021

Multiple possibilities exist, depending upon what document and where you are looking. Friend could show the paper to a criminal defense attorney, who would then be able to see what is being referenced. Or at least a phone call.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: How can I have a court date for probation violation scheduled after my one year probation has expired?

I have the probation agreement paperwork stating the expiration date.

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

"When it appears that the defendant violated any of the conditions of probation during the term of the stay, but the term of the stay has since expired, the defendant's probation officer or the prosecutor may ask the court to initiate probation revocation proceedings under the Rules of... Read more »

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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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