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Thomas C Gallagher's Answers
- 1,072 Legal Answers
- 5 Legal Guides
6
Attorney answers:
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Expungement of a 3rd degree DWI received in February, 2001.
Theoretically, it might be possible. However, as a practical matter I've not heard of it ever having been done successfully. A typical DWI arrest involves two or more legal actions and potential court files, as a result. The two most common are the administrative license revocation under the so-called "impled consent" statute; as well as the separate criminal DWI charge court file. The way to keep one's record clean is to contest both and win the "impled consent" case as well as win the DWI-...
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Can I avoid jail?
"Body only" means that there is no amount of predetermined bail that can be posted to avoid being booked into jail again in order to satisfy the warrant. Once you turn yourself in, it will be up to the court how long you will be held. It might be possible to get released the next day, perhaps on some bail or other conditions, with a hearing date. That will depend upon the Judge's decision after considering your lawyer's request and argument, as well as that of the Probation Officer and...
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Probation Violation
Most people who get probation on a DWI conviction get between two and six years probation. You could look up your case on the court's website, at http://www.mncourts.gov/ to see when your stay of imposition or stay of execution expires. The most jail or prison time a defendant can get for a probation violation would depend upon the crime of conviction, it's maximum sentence, any mandatory minimum sentencing statutes applicable, or the sentence imposed but stayed. That information also should...
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Can I (successfully) file a report against (false) police report containing false allegations of sexual assault?
While the question is not entirely clear, this is not a criminal defense question. Can a person complain to police or a prosecutor of a crime against them? Yes. Will that report be successful in the sense that it will result in criminal prosecution against the alleged wrongdoer? That will be within the discretion of the police or a prosecutor in that jurisdiction. Can I predict how that will turn out? No. Nobody can predict that. All that can be done there is to make the effort and see...
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What would be the punishment if a 15 year old was charged and found guilty of possession of marijuana? No previous legal offense
In Minnesota, a "small amount" of marijuana has a special meaning given by a statute - 42.5 grams or less (roughly an ounce-and-a-half or less). Simple possession of a "small amount" of marijuana" is decriminalized in Minnesota, unless it is in a motor vehicle. It is a "petty misdmeanor." The penalty is a fine only. In juvenile court, the court might attempt to substitute something for the fine. The most important penalty, in reality, is the potential for a criminal record. Juvenile...
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Can the state of MN say I can't drink on parole or probation? Isn't this a direct conflict to my constitutional rights?
Conditions of probation or of parole are in forbearance of prison time. In Minnesota a person on probation has the legal right to an executed prison sentence, rather probation and its conditions. Few people make that choice, as one might expect - but some have. The court can impose reasonable conditions of probation, or a stayed sentence. Conditional release or parole, however, is different in that the court no longer has immediate jurisdiction - rather the Commissioner (Department) of...
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We accepted a guilty plea to 7 felonies at our laywers advise even though our son is a Vunlerable adult Does this seem right?
I have seen many cases of exploitation of vulnerable adults for criminal activity. That issue could possibly be raised as a defense, depending upon other facts. A defendant can make a motion to withdraw a plea, and a judge might grant it - but it is much more unlikely after sentencing; and, the passage of time reduces the chance such a motion will be granted. "Buyer's remorse" is common after any decision is made in an important case (especially for family members); but usually the decision...
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Can you charge someone with a dwi if they never wrote down the tag number to the vehicle?
The question is unclear in some respects. It appears that some years ago (unless you are still 14), you were charged with DWI in Oklahoma but only recently learned of this. The first thing to do would seem to be to clarify what did happen there, by checking all available records. For example, is this a administrative drivers license revocation, a criminal DWI conviction, or both? If a mistake was made, as you imply, a criminal lawyer in Oklahoma (not Minnesota) will be needed to help attack...
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6
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50,000 stolen from employer. Investigation started recently, not accused yet, should I admit and apologize if/when approached?
No. Say nothing. You have the right to legal counsel, for a reason. People who make statements regret it for the rest of their lives.
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Can I live ''under the radar''?
Living as a fugitive seems to wear on a person. Fleeing from probation and failing to register as required will generally involve prison time, measured in years (more than just one). It sounds like you may be half-way or more to the end of probation and getting there on the ten year registration period. Does it makes sense to throw all the trust and credibilty built up so far - especially when you can see the light at the end of the tunnel? My guess is - if you do that you will regret severely.
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