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Minnesota Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: What can I do in a situation where one is falsely accused?

Hello,

I am asking on behalf of a relative who, due to a misunderstanding, was falsely charged with an altercation against law enforcement. I understand that the subject itself is touchy, but I am at a loss as to what they can do. To sum up the event:

My brother was at a bar with... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on May 11, 2018

First, after a traumatic event, it's important to pause to regain as much of a clam demeanor as can be. It's difficult to avoid feeling defensive and emotional, but valuable to try view the situation as a problem or puzzle that needs to be solved. Assume that there is a solution. the challenge... Read more »

1 Answer | Asked in Civil Rights and Wrongful Death for Minnesota on
Q: Can a police officer that kills an unarmed civilian and claims to fear for his/her life be charged with cowardice?
Peter N. Munsing
Peter N. Munsing answered on Feb 20, 2018

There is no charge of cowardice. Under the circumstances the estate of the deceased may bring a civil action. They should check with the Minnesota Civil Liberties Union to ask on "police misconduct" cases who their "cooperating attorneys" are. Those attorneys give free consultations. Note: this is... Read more »

1 Answer | Asked in Civil Rights and Landlord - Tenant for Minnesota on
Q: My roommates are being very loud after 11 pm when I m trying to sleep. What can I do to make them quite?

3 of my roommates lack discipline and manners and they talk with loud voice even they are sitting 2 feet from each other which I don't understand. They sound to me like bunch of villagers where they talk loud, laugh in the middle of the night ignoring other people are trying to sleep.

Lucas Wynne
Lucas Wynne answered on Dec 19, 2017

You do not have legal recourse in this situation. You will have to move or get new roommates.

1 Answer | Asked in Civil Rights and Sexual Harassment for Minnesota on
Q: A friend of mine belongs to a religion that practices shunning. Is this a good "leave me alone" type letter?

"Hello, from what I heard, you want me to attend a religious-based tribunal. From the looks of it, you are putting me on trial to see if I should remain a member of your faith. To ensure this tribunal is fair & unbiased, I will bring in my own representation & eyewitnesses to the said tribunal.... Read more »

Lucas Wynne
Lucas Wynne answered on Dec 19, 2017

Don't attend services at the facility of this "religion" (sounds like a cult), stop communicating with the "friend," move on with your life.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If the wrong township but right address is listed in a search warrant for your house does that make search warrant invai
Lucas Wynne
Lucas Wynne answered on Nov 11, 2017

Please, for your own sake, do not post any more information about this case online. It only takes one search for the police to determine who you are and link anything you say online to your case. Valid or not, you will need an attorney to review the facts and defend you.

2 Answers | Asked in Civil Rights and Criminal Law for Minnesota on
Q: A search warrent was issued for my house 7a.m. to 8 p.m. and a nighttime search outside these hours is necessary for nov

3rd they search at 3:00 a.m. of Nov 3rd. Was that a leagal search? It was not during hours they said on warrent

Thomas C Gallagher
Thomas C Gallagher answered on Nov 5, 2017

As a criminal defense lawyer, when I have a client accused of a crime and that accusation is supported by purported evidence obtained by law enforcement officers executing a search warrant, if police failed to comply with what the Judge authorized then I would normally make a motion to suppress... Read more »

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1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Minnesota on
Q: Can cops watch me on a traffic cam and wait for me to drive away so he can mail me tickets

I got pulled over on the highway by a state patrol he gave me a dar ticket then he left he called dispatch and told them to watch me on the camera and let him know if I leave I left but he never pulled me over again he didn't even see me leave but cause he had somebody watch the camera until I did... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Oct 12, 2017

More than one defense comes to mind based on this description. Evidence of the identity of whoever may have been seen driving a vehicle via a traffic cam, would seem to be lacking. The prosecution could also have witness problems, needing not only the State Patrol Officer but also whoever was the... Read more »

1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Minnesota on
Q: In Minnesota if my records expunged what I still be able to be a police officer. Or could they see that when I apply

I live in Minnesota and as I was 15 I was charged with a felony and was in adjudicated delinquent which from my understanding is the equivalent of the guilty verdict. My dream in life even before that was to become a police officer. And I've had very bad luck finding the answer online but if I was... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Oct 10, 2017

The best way to get a good answer to those question would be to ask the right person with the P.O.S.T. Board (police licensing agency in Minnesota), and the appropriate military branch (probably with the J.A.G. office, not a recruiter, for example).

I do not know the answer to the specific...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: Does a city police officer have more bearing in the courts than a regular civilian if hes the defendant standing trial?
Joseph A. Gangi
Joseph A. Gangi answered on Jul 24, 2017

What do you mean "more bearing"? The prosecutor's burden of proof is the same regardless of who is standing trial.

1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: a police department used my info and mugshot on facebook without my permission. I want to take legal action. Advice?

I want to at least force them to take it down. I dont deserve to have my reputation as a person hurt like this and people I dont know now know who I am. I dont feel safe and I dont feel like I have any power here. I feel harrassed and I don't believe they should be able to do this. Especially on a... Read more »

Lucas Wynne
Lucas Wynne answered on Mar 7, 2017

Did you have a warrant for your arrest? Were you arrested? Were you charged with a crime? If so, then you may be out of luck. However, if they simply used your image and humiliated you for no good reason, then you may have a case.

1 Answer | Asked in Family Law, Civil Rights, Legal Malpractice and Criminal Law for Minnesota on
Q: can I get my retainer back if the attorney didn't defend me in court did say a word to the petitioners or there atty.

I hired a attorney and payed him $5000.00 dallors to defend my case. from august 2016 until now March 1, 2017 he filed for a rehearing and he has not got a court date, September 9th, 2016 he filed for a rehearing and since then he has not try to contact me I have to call him and I ask him to talk... Read more »

Lucas Wynne
Lucas Wynne answered on Mar 3, 2017

1. You asked your attorney to file a civil complaint and there is no indication that your attorney could file a civil complaint in your case. In fact, based on the limited information you have provided your attorney would not be able to file a separate case.

2. You retained your attorney to...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Traffic Tickets for Minnesota on
Q: Is there Constitutional rights to travel without a license in a motor vehicle in Minnesota

I recently got a ticket for driving on a cancelled license but I was parked at a gas station and the police were called there for another person but because that person came and sat in my car they searched my car and towed it I was not on drugs or drinking i simply was minding my own business

Joseph A. Gangi
Joseph A. Gangi answered on Sep 2, 2016

No, you do not have a Constitutional right to a driver's license.

1 Answer | Asked in Criminal Law, Constitutional Law and Civil Rights for Minnesota on
Q: can i have a gun with restraining order against me
Joseph A. Gangi
Joseph A. Gangi answered on Sep 2, 2016

Generally speaking, a harassment restraining order does not, in and of itself, prohibit the possession of firearms. An order for protection might.

2 Answers | Asked in Car Accidents, Consumer Law and Civil Rights for Minnesota on
Q: in minn. can a tow co. keep my personal property that is in my car until i pay the initial $588 fee i cant afford?

there are no illegal actions alleged in this event on my part. the state patrol found it necessary to have car towed "without regard for the owners expense" as state patrol proper procedure states. car was in ditch locked and unattended.i did not have a phone to call for help after i hit a deer... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 14, 2016

First, try the state police--as to getting your stuff. Second if you have collision that should cover tow and storage. Third, if you can borrow the money then argue--at 35 a day before you know it it's over 1k. Better to have the car, then argue than have a gigantic bill and if you lose the... Read more »

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1 Answer | Asked in Civil Rights for Minnesota on
Q: MN statute 624.714 sub12 says that a hearing is to be scheduled with in 60 days Is this calendar days or business days

I filed for a MN carry permit and was denied. I have never been charged with crime nor been under any know investigations in my entire life. The denial letters said there was an accusation when I was 13 of pointing a BB gun at somebody as the bases for denial. Subsequently I have appealed this... Read more »

Lucas Wynne
Lucas Wynne answered on Jul 21, 2016

Calendar days.

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Minnesota on
Q: Need a civil rights and personal injury lawyer

threat of contempt and incarceration for facebook and telling my story

Lucas Wynne
Lucas Wynne answered on Jul 19, 2016

This question is too vague to answer, please contact an attorney ASAP for help.

1 Answer | Asked in Civil Rights and Education Law for Minnesota on
Q: Recently tried out for the HS softball team but was rejected because they believed I would injure erbs palesy arm

I recently tried out for the HS softball team. I was nervous because I have erbs palesy making few things difficult. There are quite a few coaches maybe 5 and I had informed some of them about my disibility and each one had said it was fine. I went into the evaluation practice and gave it my all I... Read more »

Lucas Wynne
Lucas Wynne answered on Jul 19, 2016

More would need to be known before an attorney could properly evaluate your case, but feel free to give one a call as I believe this could be handled at a rather reasonable cost. The attorney would want to know 1) If a doctor has cleared you to play sports; and 2) Whether everybody made the team.... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: Lured to Sheriff's Dept, interrogated, arrested,not told what I was charged with no Miranda Warning. Address searched.

Costs me $15k I have a spotless record. Case was dismissed, prosecutor stated in the dismissal letter no evidence or probable cause. Is this a good case?

Lucas Wynne
Lucas Wynne answered on Jul 19, 2016

Could be, more information would need to be known. Contact an attorney.

1 Answer | Asked in Civil Rights and Criminal Law for Minnesota on
Q: do the police have a right to pull you over just to pull you over

my son got pulled over because the cop thought he was driving my car and for no other reason is this legal

Lucas Wynne
Lucas Wynne answered on Jul 19, 2016

I would need to know more about the situation, however, sounds illegal at first glance.

1 Answer | Asked in Civil Rights for Minnesota on
Q: If Im stopped walking the street, what are my rights?
Adam Studnicki
Adam Studnicki answered on Jul 25, 2015

Very broad question. It depends on the circumstances. Check with a local criminal defense or civil rights lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is...
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