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Questions Answered by Thomas C Gallagher
1 Answer | Asked in Federal Crimes and Criminal Law for Minnesota on
Q: How likely is jail time for a first offense felony property destruction in Minnesota?

My friend got served for felony level property destruction of a vehicle, his court date is coming up and I know he's going to be charged. But how likely is it that will come with jail time?

He poured beer in the oil of a truck and it blew the engine. The friends he was with also did a... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jul 16, 2023

We would need more information to be able to answer that. For example, the question is listed under "federal crimes." Federal crimes are more likely to result in lengthy prison terms that Minnesota state court crimes. When I get a criminal charge dismissed, or an acquittal, my client... View More

3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: A search warrant that states a offense that is not in the code books. Is stated offense actually a offense or crime?
Thomas C Gallagher
Thomas C Gallagher
answered on Jun 18, 2023

The question, as worded, is unclear. A "crime" is generally the equivalent of an "offense," however.

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Person with DANCO called cops w/ false claims on protected party who then was arrested doing nothing to person w/DANCO

Person w/DANCO was arrested and charged two weeks prior in a different county..is it legal for the police to let person w/DANCO go and arrest protected party on false claims of abuse? Protected party was found not guilty also as this was drug out in court

Thomas C Gallagher
Thomas C Gallagher
answered on Jun 6, 2023

The wording of this is difficult to follow. Maybe call a defense attorney on the phone for a dialogue.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I got a Minor in consumption, how can I get it cleared from my record without going to court?

Recently turned 18 and am wondering if there is any way to get this off my record, I’ve heard of kids getting unsupervised probation before so could that work?

Thomas C Gallagher
Thomas C Gallagher
answered on Jun 6, 2023

Preventing a conviction record is a worthy goal, deserving effort. Don't be afraid of going to court. Instead, get a court date if one is not already set. Consider a private defense attorney or application for public defender. Being willing to fight for what you need. (Keep in mind that... View More

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Speeding ticket, 86 in a 70 in Carlton Co. MN. Clean record for over 10 years. Can I get a continuance for dismissal?
Thomas C Gallagher
Thomas C Gallagher
answered on Jun 4, 2023

Why not? Either that, or put up the best defense at a trial. I would. What would you have to lose? (A reduced fine ain't going to cut it.) I think a reasonable prosecutor would agree to it, given a clean record.

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I got pulled over. The cop gave me a citation. On the citation, there is no violation given. Unsure what to do about it.
Thomas C Gallagher
Thomas C Gallagher
answered on May 10, 2023

One idea: Go to the Minnesota Courts website, to search for the case "Citation Number." See if it's there, and it so, what it says. Respond within the required time frame to prevent a conviction by default. Set up a court appearance if keeping it off the record is a goal.

2 Answers | Asked in Traffic Tickets and Civil Rights for Minnesota on
Q: Can the courts go from my contested omnibus in which a motion was filed under state and federal law to dismiss.....

Back to my omnibus, for the second time..without addressing my motion.. because of a error made by the prosecutor..I have been in court almost 2 years and it seems to me that the state doesn't want to follow the law...I have had 3 public defenders 2 prosecutors and multiple judges.my newest... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 7, 2023

That was difficult to follow. Perhaps a phone call to a criminal defense attorney would enable a dialogue that could help tease out the issues.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was walking down the street and police patted down my jacket for no reason. they found drugs. can they charge me?

I was walking about 100 yards from my car to a liquor store and was stopped and told I needed to put my hands above my head, I did a double take because I didn't know they were talking to me (why would they bc I wasn't doing anything shady) they found some drugs but not a lot.

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

Police cannot lawfully conduct a stop and pat-down search for no reason. Rather, courts (upon motion by a defense attorney) will require the police officer to "articulate reasonable suspicion of criminal activity" or an observed violation of law, in order the justify a police stop.... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: If someone brandished a loaded magazine at me instead of their actual firearm... would they still be guilty of a felony?

I feel like they would be because "brandishing" isn't necessarily tied to a firearm as far as I could tell.

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 27, 2023

If you threaten some on with a weapon capable of causing harm, that could expose you to the possibility of facing a criminal charge. Since a magazine is not a weapon or capable of causing harm, it's difficult to imagine a scenario where a person holding a magazine could be the basis for an... View More

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3 Answers | Asked in Criminal Law for Minnesota on
Q: : Can money and gun be seized if raid officers found fifth degree drug. The drug found was no where by the guns or money
Thomas C Gallagher
Thomas C Gallagher
answered on Apr 25, 2023

Anything that has already happened, can happen. But will a police action survive court scrutiny? That is the challenge accepted by a criminal defendant's lawyer. To meet that challenge, however, the lawyer will need as much information and specific facts as can be obtained. Getting... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can you be charged with theft if you find a cell phone outside a gastation

Found a phone outside a gastation later that night cop came and got phone now im being charged with theft

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 9, 2023

Yes. When facing a theft charge, be sure to get help from a criminal defense attorney. Keeping a theft conviction off of public records is valuable.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can u be charged with theft if u find a cell phone at a gas station
Thomas C Gallagher
Thomas C Gallagher
answered on Apr 9, 2023

Yes. A better plan may be to turn it in to gas station operator for potential return to the owner, should they return for it.. If already facing a theft charge, be sure to get help from a criminal defense attorney.

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1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Minnesota on
Q: Is it legal to hold a child (12) in Minnesota jail without letting parents see them at all.

My 12 year old brother has been arrested for assault for stabbing a staff member in his mental health group home with a knife. He was arrested and is now on a 36 to 72 hour hold in county jail waiting to see a judge. Is this legal? Minnesota says someone under 14 cannot commit a crime. How do you... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 5, 2023

Last time I checked, the minimum age in Minnesota was 10, for prosecuting criminal violations in juvenile court. But a lawyer may have been able to help with these issues. Another idea would be to talk to the medical staff or social worker in the juvenile detention facility.

2 Answers | Asked in Products Liability, Traffic Tickets and Consumer Law for Minnesota on
Q: dealership processed a transaction for a vehicle in my name without consent I found out because of a ticket on the car
Thomas C Gallagher
Thomas C Gallagher
answered on Mar 11, 2023

The question is unclear. If the issue is the transfer of a motor vehicle title into someone's name without consent, contact the Minnesota Department of Public Safety, Motor Vehicles Division, via their website or in person.

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Q: Can I be charged with things not on a warrant . Say the warrant was for stolen stuff but cops got me with bullets and dr

Cops came to my house to search my truck for stolen things but only found bullets ,paraphilia,and on my phone pics of stolen things can they charge me if what they found was not on the watrent. Things they found were out of my storage unit I was bringing back to storage didnt even know any of that... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 10, 2023

General rule is that if police are where they have a lawful right to be, they can use what they see. But, I've won cases where police search went beyond the limited scope authorized in the search warrant. So, it will depend upon an in depth analysis by you and your attorney, taking into... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: If you are in a vehicle and you're the passenger and the police tells you to please step out of the vehicle because you

I have lost your Fourth amendment right but that's all they said to you and so you stepped out to be here going to go search is that against the law

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 5, 2023

It may depend upon what happened before that. But if police have a lawful basis for the stop and search a car, a judge would likely say they can ask a passenger to step out.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: In Minnesota,I was pulled over and officer stated that I had crossed the fog line twice.The recording showed nothing.

My attorney did not argue the issue of probable cause.The recording showed my vehicle within the white lines at all times.

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 6, 2023

I don't see a question here. But talk to your attorney about filing a motion to suppress &-or dismiss based upon a lack of a lawful basis to stop a vehicle. Sometimes police have more than one reason to stop a vehicle. All the facts and evidence available must be known to make a good... View More

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4 Answers | Asked in Criminal Law, Health Care Law and Identity Theft for Minnesota on
Q: Charges for Using Discarded Medical Info for ID Theft

This is a weird one. What charges could someone face for using medical (biohazard) trash/waste to obtain info for Identity Theft?

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 16, 2023

An Identity Theft related crime could be charged regardless of the source of the information. But perhaps there are unusual, more specific criminal statutes relating to invasion of (medical) privacy that could come into play. More info would be needed to sort that out.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I stopped blood on a police officer after being jumped. Can they still charge me for doing so?

F

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 17, 2022

Normally, voluntary intoxication is not a defense to a criminal charge. But it can have an impact on the way a case is viewed. It's important to get a good criminal defense lawyer on your side, looking at the available police reports and videos, after hearing form you about what you know.... View More

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