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 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

Q. How can I fight a vilotion of cannabis that was hearsay rather than proof of it.

October 12, 2024

A: The most important thing one can do if facing a criminal charge, is to get help from a defense attorney. The Minnesota Court's Rules of Evidence contain a "Rule Against Hearsay." Hearsay is an "out of court statement, offered for the truth of the matter asserted." The reason for the rule against hearsay is that it is considered unreliable, untrustworthy, But the Rules of Evidence contain many exceptions to the Rule Against Hearsay. The exceptions are situations where people think there may be reasons to believe the hearsay is reliable enough, or trustworthy enough, to allow into evidence at a trial. In criminal cases, the Constitution's "Right to Confront" witnesses against the defendant provides an additional layer of legal protection. So, even if some hearsay falls under an exception to the Rule Against Hearsay, it could still violate the defendant Confrtation Rights. Another common area of concern for hearsay in marijuana cases, is the use of hearsay as police "probable cause" in a Search Warrant Affidavit. Much hearsay that would not be allowed in at trial, may be allowed by a judge to justify a search warrant in a Search Warrant Affidavit. But not all. So, as you can see by now, a defendant will benefit greatly by having a good criminal defense attorney help investigate, research and litigate these issues. So, the best way is to get a lawyer. ... Read More

Q. can you smoke cannabis between the time of your arrest for a DWI and before your court date ?

October 9, 2024

A: That would depend upon things not stated in the question. For example, if the judge's Pretrial Release Order provides for Conditional Release, and one of the conditions is "no use of alcohol or non-prescribed drugs" or similar, then smoking cannabis would violate that condition. Read the Conditional Release Order. It's a good idea to avoid violating it, since a violation could not only result in arrest, but could inspire a more aggressive attitude by the prosecutor and judge. Discuss with your lawyer.