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Thomas C Gallagher

Thomas C Gallagher

Gallagher Criminal Defense
  • Criminal Law, Cannabis & Marijuana Law, White Collar Crime...
  • 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
  • Cannabis & Marijuana 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
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
Minnesota Norml
Chair, Board of Directors
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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.
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
157 Questions Answered

Q. My friend got his license taken because of a alcohol related offence but he never got charged with the offence
A: In Minnesota we have a law commonly called the "implied consent law." It allows the government to administratively revoke a person's drivers license if a police officer claims to have arrested the person on probable cause DUI and then the person either refused a chemical test for alcohol or their sample was read at 0.08 or more within 2 hours of driving, operating, or controlling a motor vehicle. Later, the person might or might not get charged with a DUI crime but the "implied consent" license revocation will normally take effect soon after the refusal or over 0.08 chemical test; and will become permanent unless the driver files a court action to request a judge review it. This normally requires a lawyer's help. For more information about this check out my website and-or give me a phone call.
Q. can police officers search a camper that they have a warrant for when the land they go on does not belong to the person
A: Interesting question - one deserving of research after more facts are known about the circumstances. For example, who owned the land? Was the land fenced and posted "no trespassing?" What did the warrant say?
Q. Cops were taking photos of people driving in a “bus only lane.” Can the photo be used to issue a ticket?
A: A big problem with attempts to enforce traffic laws with only photographs is identity. Typically, the vehicle and plate number can be documented, and linked to the owner. But the driver can rarely if ever be identified. That's why police officers cannot be replaced with cameras. If the government were somehow able to get evidence of who was driving at the time (like an admission from the driver), they could then have enough evidence to prosecute.
Q. Not coming to a complete stop. I want to push it to a jury trial, court says it is not a crime. How is it not a crime?
A: The question is not clear. If this is about a petty misdemeanor fail to stop at a stop sign ticket, then it is correct that a "petty misdemeanor" is by definition "not a crime." Why? Because a police officer cannot arrest a person for a petty misdemeanor. A Court cannot sentence and jail time for a petty misdemeanor. The only penalty is a fine. That makes it non-criminal. However, a petty misdemeanor violation, once the driver is adjudicated "guilty," is a "conviction." That ambiguity is one of several reasons it's a good idea to try to prevent even a petty misdemeanor from becoming a conviction.
Q. Can a officer issue a ticket 5 months later for no proof of insurance stop back in march
A: The question implies that this has, in fact, been done? While it's possible delay in charging might help defend the case, a defense lawyer like me would need all available facts and information to determine legal issues favorable to the defense. That one fact alone, without more, would not be enough to get the charge dismissed.
Q. Ok I didn't violate my probation and my probation officer won't answer phone or her twice
A: Not much to go on here, but apparently a Probation Officer (P.O.) has concerns about a violation of a condition of probation? It is a good idea to communicate with the P.O. It's a good idea to try to take the lead in communicating. If a person is unable to answer the phone, be sure to leave an appropriate voice mail requesting a call back. You can also go to the Probation Officer, with or without an appointment to try to talk to your P.O., or if unavailable perhaps the "Officer of the Day." You can leave a note. Keep trying. Poor communication cna lead to trouble.
Q. I received a few tickets back in 2010/2011, is there a statute of limitations on how long those charges remain?
A: A statute of limitations limits the time period for filing a criminal accusation. As long as the charge was filed with the court within the limitations period, the statute of limitations would not provide a defense. Older cases tend to become difficult for prosecutors to prove, however, for several reasons.
Q. From Illinois: speeding 88 in a 70 in Jackson county, MN. Any way to keep this off my record?
A: I would suggest a phone call to a criminal defense lawyer in or near Jackson County to discuss. Sometimes we can settle traffic cases favorably without out-of-state people having to return, but there are local differences.
Q. What guidelines would I have to fallow to act as a decoy of a minor child to catch online predators
A: Contact the police to see if they have any interest. Otherwise, there would be a risk of arrest and prosecution.
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Contact & Map
Gallagher Criminal Defense
310 Fourth Ave South, Suite 8000
Minneapolis, MN 55415
USA
Cell: (612) 333-1500