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Thomas C Gallagher

Thomas C Gallagher

Gallagher Criminal Defense
  • Criminal Law, White Collar Crime, Juvenile Law...
  • Minnesota
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Summary

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.

Practice Areas
  • Criminal Law
  • White Collar Crime
  • Juvenile Law
  • DUI & DWI
  • Domestic Violence
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Minnesota
Languages
  • English: Spoken, Written
Professional Experience
Trial Lawyer
Gallagher Criminal Defense
- Current
Criminal defense services for clients charged with crimes in Minnesota state and federal courts.
Associate Attorney
Cloutier & Musech
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Criminal defense for firm's clients, as well as personal injury and other civil litigation.
Education
University of Minnesota Law School
J.D. | Law
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University of Minnesota - Twin Cities
B.A. | Psychology
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Professional Associations
Minnesota Norml
Chair, Board of Directors
- Current
Activities: Elected Chair 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 Norml
Director - Board of Directors
- 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
- 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
- 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
- Current
Activities: Member of the largest criminal defense bar association in the United States, championing the cause of the People.
NORML Legal Committee
Member
- 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.
Minnesota State Bar Association, Criminal Law Section
Member
- Current
Minneapolis Civil Rights Commission
Commissioner
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Activities: We adjudicate civil rights complaints in Minneapolis, and work to advance the cause of human rights in Minneapolis.
Minnesota Society for Criminal Justice
President
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Activities: Served as President of the Minnesota Society for Criminal Justice, the oldest criminal defense bar association in Minnesota.
Hennepin County Bar Association, The Hennepin Lawyer Editorial Committee
Member of Editorial Committee
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Minnesota State Bar Association
Board of Governors
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Activities: Governing Board of the Minnesota State Bar Association.
Hennepin County Bar Association, Criminal Law Section
Chair of Criminal Law Section
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Legal Answers
129 Questions Answered

Q. why isn't anyone being charged with criminal property damage to my property? Lots of evidence as to who it was.
A: The police investigate events for potential criminal charging. Only the prosecuting attorney can file a criminal charge against a person with the court. The prosecuting attorney will wait until the police complete their investigation and submit the results of that investigation to the prosecuting attorney, who will then considering making a criminal Complaint. It sounds like the case involving you is still in the investigation phase. Police don't always communicate with people who have suffered a loss in a potential crime. You can try various things to reach out to police in an attempt to be better updated. Some police departments have a Community Policing Officer to help with that. Otherwise, if the investigating officer is not available, you could try police administration,the police chief's office. Remember to communicate in a calm and polite manner. You could also take a look at Minnesota's Victims Rights statute, Chapter 611A, available online.
Q. I was caught shop lifting at Walmart in the amount of $52.00 I was not arrested will this effect me getting a job
A: Retailers can seek both a civil remedy and a criminal remedy against shoplifters. Those two remedies are separate and distinct from one another. It's the criminal remedy that can result in the accused person having a criminal conviction record that interferes with getting jobs, rental housing, and other problems. To prevent that (after having been charged with a crime), be sure to go to court and seek an outcome that will not result in a conviction on your public court record. A criminal defense lawyer will be a big help in accomplishing that.
Q. is a signature needed by the driver for a ticket in Minnesota to be valid?
A: The government does not need a driver or other person to sign a citation, which is a summons to appear in court. For a petty misdemeanor failure to respond results in a conviction by default. You can look up the citation number on the Minnesota courts website to see if or when it is entered into the courts system. A warning will not be, but a citation will.
Q. my 16 year old son got a speeding ticket going 85 in a 60 zone will the judge take his license he has been in no trouble
A: Judges almost never take drivers licenses. Rather, the Minnesota Department of Public Safety administers drviers licenses. One way to get your drivers license ("DL") revoked to is be deemed a "habitual violator" under the administrative rules for the Minnesota Department of Public Safety -- too many moving violations with a 12 or 24 month period. One would not tirgger that. Certain driving-related convictions can result in DL revocation, such as DWI, driving without insurance, driving after revocation (of DL), etc. The only single incident of a speeding related violation of 100 mph or faster. He may want to go to court to try to keep the speeding ticket off of his DL record.
Q. Can I be charged with trespassing if we were only there shortly and didn't use an facilities and had thought it was fine
A: Sometimes people are charged with crimes that they should not be charged with. Trespassing can be a crime, but it is rarely charged as a crime. Trespassing is when a person is on land or in a place where they do not have a right to be, including as a guest. In many contexts, we walk or are present on land or in places we do not own, based on apparent or implied license to be there. A person generally will not be trespassing unless they have clear notice that they are unwelcome there, and are specifically requested to not enter or to leave. The notice is key. The notice could be written or verbal. The more clear, obvious, repeated the notice, the more we are going to expect the person given the notice to be aware of it. Often when a private business asks a person to leave (verbal notice), and the person does then leave, there will be no trespass on that occasion -- but if that person returns (after having been warned to stay away) then the owner may ask police for help.
Q. Hennepin county, speeding 71 in a 55. Misdemeanor. Possible to have this dropped to a petty to stay off record? Steps?
A: Most seek to prevent a moving violation from ending upon their drivers license record, for several reasons. If convicted of a driving-related crime or petty misdemeanor, the Court Administrator will "certify" (send) the record of that conviction to the Minnesota Department of Public Safety. Therefore to achieve the desired result, one must prevent a conviction for a driving or vehicle related violation or crime, in court. The main exception to that rule for Minnesota licensed drivers is what we call a "Dimmler Amendment" speeding conviction for 65 mph or less in a 55 or 60 mph zone only. A person can try this on their own without a lawyer, or retain a lawyer to help. It's better to have a defense lawyer. At court, you or your lawyer can discuss possible settlement with the prosecuting attorney. On the defense side, hopefully an agreement that fits the above criteria can be reached. If not, set the case on for a continued First Appearance date (to come back with a lawyer) if possible; or set it for a court trial date. You or your lawyer should then prepare for trial by getting discovery, identifying the best defense given the facts of the case, and otherwise planning the trial. Sometimes success will be achieved by agreement on the trial date. If not, make the best effort at winning the trial. For more on this, see information on my websites or call me.
Q. Charged with driving after cancellation and inimical to public safety but cop didn’t read rights or have lights on I was
A: All i can say in response to this is to encourage you to fight the charge, ideally with a good defense lawyer representing you. A Miranda warning is required when both of these two things have happened: 1) the person is "in custody;" and 2) police are asking questions. If police gain fail to do that, any information they obtain as a result should be suppressed by a judge. The prosecution may still have other evidence to use to support their claims, however.
Q. I got charged along with 2 others in the car, with possession of drug paraphernalia, but I had nothing on me.
A: First, it is possible for two or more people to jointly possess one thing. Before anyone can be held legally responsible for criminal possession of a thing, there must be evidence that that person knew of the contraband's identity and existence. It's important to know that ownership is not the same as possession. Ownership means one or more persons have the right to control, destroy, modify a thing. Knowing possession means a person "exercises dominion and control" over a thing. Example: If I borrow my neighbor's lawn mower, it's in my possession not hers, while I use it to mow my lawn. But she still owns it throughout. Go to court. Fight to keep it off your record. A lawyer will give you an advantage in doing so.
Q. What are the ramifications of taking a plea deal?
A: The main ramification of agreeing to something is that you'll normally be bound by your agreement, and its substance, its content. Procedurally, accepting a settlement agreement in a criminal case normally means giving up your right to challenge the government's case, including pretrial challenges, the right to a jury trial, and renders most appeals pointless. It is important to be sure before accepting a settlement agreement.
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Gallagher Criminal Defense
310 Fourth Ave South, Suite 8000
Minneapolis, MN 55415
USA
Cell: (612) 333-1500