Thomas C Gallagher

Minneapolis criminal lawyer Thomas C Gallagher fights for you and your Liberty in Minnesota state and federal courts, and has for over 30 years. His practice is limited to criminal defense.

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Minnesota

Since 1988

Trial Lawyer

Gallagher Criminal Defense

1993 - Current

Criminal defense services for clients charged with crimes in Minnesota state and federal courts.

Associate Attorney

Cloutier & Musech

1988 - 1993

Criminal defense for firm's clients, as well as personal injury and other civil litigation.

University of Minnesota Law School

J.D. | Law

1984 - 1988

University of Minnesota - Twin Cities

B.A. | Psychology

1978 - 1983

Minnesota NORML

Director - Board of Directors

2011 - Current

Activities: Founding members of the Board of Directors of the Minnesota state chapter of the National Organization for the Reform of Marijuana Laws. We work for the legalization of marijuana in Minnesota.

Minnesota Society for Criminal Justice

Member

2000 - Current

Activities: Membership limited to fifty criminal defense lawyers, voted in by existing membership. Members work together to lead the way towards criminal justice in Minnesota courts.

Minnesota Association of Criminal Defense Lawyers

Member

1995 - Current

Activities: Member of the largest criminal defense bar association in Minnesota, working together to protect the rights of Minnesotans.

National Association of Criminal Defense Lawyers

Member

1995 - Current

Activities: Member of the largest criminal defense bar association in the United States, championing the cause of the People.

NORML Legal Committee

Member

1995 - Current

Activities: Member of the Norml Legal Committee. (Legal Committee of the National Organization for the Reform of Marijuana Laws.) We share information and insights helpful in defending those charged with marijuana crimes, and work on legalization efforts.

Q. Can I have a misdemeanor dismissed of incorrect license for the state I live in if I correct it immediately?

December 19, 2024

A: Some prosecutors will offer the defendant a chance to avoid a smaller license related conviction on their records, if they chow up in court with the issue with their license recticitfied, plus payment of "court costs." No guarantees, but you can ask. Since the issue will need to be corrected anyway, doing it before resolving the criminal case makes sense.

Q. I hurt my girlfriend and she tried to run me over there is no evidence of me doing anything but there is of her

December 19, 2024

A: If someone alleges an assault, either to police or in family court for example, that could qualify as "trouble" for the person accused. If facing a criminal assault charge in court, the defendant can raise the defense of self-defense, if he or she has some evidence to support that defense. And if facing criminal charges, it's important to get representation help from a criminal defense attorney.

Q. Can they have me testify against my girlfriend in a criminal case if we get married after they charge her?

October 14, 2024

A: The law yields a more nuanced answer. A witness has the right to legal counsel, and can retain an attorney to help assert the witness's rights. Minnesota recognizes a two-part spousal privilege. Minn. Stat. § 595.02, subd. 1(a); State v. Gianakos, 644 N.W.2d 409, 415 (Minn. 2002) (explaining that "despite the statutory nature of Minnesota's marital privilege, its roots are in the common law, and the Minnesota court retains inherent power to adopt standards by judicial opinion relating to the admissibility of evidence in the interest of justice"). First, a person may not be compelled to testify against his or her spouse during the marriage. Minn. Stat. § 595.02, subd. 1(a). Second, confidential communications between spouses during their marriage are protected from disclosure at any time. Id. There are exceptions to the spousal privilege, including one relating to communications before the marriage. But a lawyer should be able to help the witness find the best way to meet their goals. ... Read More