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Thomas C Gallagher
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Thomas Gallagher’s Answers

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  • Dakota County-- Will I be held if I have a contested hearing on my probation violation?

    I have a probation violation hearing coming up in Dakota County. Since they are likely asking for an executed sentence I might have a contested hearing. Will they hold me at the jail until the hearing, or do I just come in like I will for the Prob...

    Thomas’s Answer

    When a probation officer alleges a probation violation, they can ask the court to issue either a Summons, or an Arrest and Detain Order ("A &D" - basically an arrest warrant). If the matter was initiated with a Summons, the probationer normally remains free pending the outcome of the petition to revoke the stayed sentence. That outcome could happen at the first appearance on the petition by agreement. Or if there is no agreement, it would then happen at the contested "Morrisey" hearing. Discuss with your lawyer.

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  • Lifting a no contact order

    my boyfriends in jail, we have a no contact order against our wishes, I am pregnant and want to talk with him about it.

    Thomas’s Answer

    He cannot talk to you if you are the subject of a no-contact order against him. Jail calls are recorded and provided to prosecutors. You can try to get the no-contact orders dropped.

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  • I being charged with theft from previous employer

    i worker on my crew needed to b back from workin on road for po meeting 6hr drive after his meeting i went to fill up work vehicle with co gas card it was denied then tried to call my boss no answer we decided to just pawn a co tool to get us back...

    Thomas’s Answer

    A criminal history can hurt future employment as well as cause other problems. If you get convicted, you it will be there causing trouble forever. This is your chance to do something about it, before it is too late. You need a criminal defense lawyer's help with this. Find one near your case, and work with them, to achieve an outcome that will not drag down your future, your reputation, and your future annual income.

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  • What happens when selling tobacco to a minor? First offense.

    A minor myself, accidentally sold tobacco to a minor. (Legal for me to sell tobacco) It was a chaotic night at the grocery store I work at, just before a holiday. I had many customers in line and trying to answer the phone at the same time. The of...

    Thomas’s Answer

    A criminal conviction, even a lesser one, can cause future employment (and so, loss of future income stream for a long time) problems. Now is the time to stop it. The way to prevent a conviction is to go to court and get an outcome that does not include a conviction. You could try this without a lawyer. But you would have a better chance of success with a lawyer's help. You might apply and qualify for a Public Defender. Public Defender's are good defense lawyers, if a little busy. Or, you could hire a private defense lawyer to represent you.

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  • I was taken in for probation violation, when i got to court, i was not allowed to plea guilty or not...

    after the hearing i was sentenced for having meth in my urine, a false positive due to my prescription meds, the sentence was 90 days in jail, and 30 in treatment. I had an additional charge of petty theft, i was given a court date, then later to...

    Thomas’s Answer

    A stayed sentence can be revoked by a judge if the defendant has substantially violated a condition. Normally an alleged probation violation can be followed by two court appearances. At the first, the defendant can admit or deny the violation (or negotiate an agreed outcome). At the second, or "Morissey hearing" there can be an evidentiary hearing with evidence presented to the judge, who then decides whether there was a substantial violation, and if so, what the appropriate sanction should be. Bottom line? Talk to your lawyer about it, or get one.

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  • I am 17 years old, I will be 18 in early May and I am pregnant with a 24 yr. I will be 18 when i have it. Can he get in trouble?

    The 24 year old has been in trouble with the law in the past, but is on a good track now. Both sides of thr family know we are in a relationship. I know the age of consent law in mn is 16 but does that make it ok for me and him to have a baby? Wou...

    Thomas’s Answer

    Some Minnesota sex crimes are based on age, some are based on other factors, while still others are based on both age and some other factor. Minnesota sex crimes based on age alone use the age of 16 as the age of consent. Since there are so many other factors, you may wish to do further research including look at the statutes, consult a criminal lawyer experienced in sex crimes defense, or both.

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  • How can it be proved the compaintant is lying about the threat ?

    a complaint made of domestic assault.and it was made up.because of paranoria and jeaolousy behavors

    Thomas’s Answer

    It is difficult to prove something did not happen. Quite difficult. Fortunately the burden of proof is on the prosecution in a criminal case. That said, we on the defense side will look for opportunities for evidence that will tend to disprove all or part of an accusation. It really depends upon the specifics of each case; and the lawyer working with their client to develop these. There are many possible solutions to problems of proof. And in each case they may be different. Work with your lawyer.

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  • I would like to know the sentences for stealing $7000 from a private source? What if it was paid back before anyone finds it?

    It was taken from a non-profit group and planned on being returned. Some already has, but not sure if the rest can be at this point.

    Thomas’s Answer

    A felony, which could result in prison or jail, depending on prior record - if charged, then if convicted. At this point you could retain a criminal lawyer for pre-charge help, in efforts to avoid or reduce any criminal charge. Paying back the loss is generally a good idea, but can be taken as an admission of guilt. And therefore doing so through your lawyer may offer some protection.

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  • If I forget to tell my probation officer that I changed my address. I'm on unserviced probation so I don't see a probation offic

    If I forget to tell my probation officer that I changed my address. I'm on unserviced probation so I don't see a probation officer on a regular basis. would I get into trouble by telling them after I moved to a new place

    Thomas’s Answer

    Anytime a probationer violates a condition of probation they are at risk of losing their probation and the court executing their sentence, all or in part. If a violation is viewed as minor, the probation officer (or department of the court) may not bring it to the attention of a judge with a request to revoke probation and execute jail or prison time. The legal standard for revoking probation includes a requirement that the violation, if any, be "substantial" from the court's point of view. In these situations, judge rely heavily on the view of the probation officer. What does all that add up to? Avoid violating any condition of probation, ever. If it's too late for that, discuss what to do about it with your lawyer. Without knowing all the relevant information, my guess is that in many situations it would be a good idea to inform the probation office of your new address - even if you should have done so earlier. Why would a person want to expose themselves to unnecessary risk?

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  • I have felony and misdemeanor. I'm applying for a job where I work. Can I be fired? Both occurred 6 years ago

    1st was dismissed but brought back because of 2nd. Search shows 2 misdemeanors for theft.

    Thomas’s Answer

    • Selected as best answer

    This is really an employment law question rather than a criminal law question. In general, employers in Minnesota may hire or fire employees "at will" - in other words for any reason or no reason at all. There are some legal limitations on the rights of employers to hire and fire at will - mostly in state and federal employment and civil rights statutes and regulations. Most of those limitations relate to discrimination based on race, gender, religious practice, and so on. A newer area that has been developing is laws limiting discrimination based upon criminal history, but some of these laws may apply only to certain employers (such as the State of Minnesota as an employer), or provide limited protection (such as "Ban the Box" laws that ban questions about criminal history on job applications but may not bar use of that information's use in employment decisions). I cannot know or say the answer to your question definitively. You should consult an employment law lawyer about it. It seems likely, in many situations at least, that employers can refuse to hire or fire an employee based upon criminal history. The circumstances may matter, however, so consulting an employment lawyer (not a criminal lawyer) makes sense.

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