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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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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
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
  • 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
Criminal defense for firm's clients, as well as personal injury and other civil litigation.
University of Minnesota Law School
J.D. | Law
University of Minnesota - Twin Cities
B.A. | Psychology
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
- 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
- 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
- Current
Activities: Member of the largest criminal defense bar association in the United States, championing the cause of the People.
NORML Legal Committee
- 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
- Current
Minnesota Norml
Chair, Board of Directors
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
Activities: We adjudicate civil rights complaints in Minneapolis, and work to advance the cause of human rights in Minneapolis.
Minnesota Society for Criminal Justice
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
Minnesota State Bar Association
Board of Governors
Activities: Governing Board of the Minnesota State Bar Association.
Hennepin County Bar Association, Criminal Law Section
Chair of Criminal Law Section
Legal Answers
222 Questions Answered

Q. Our place that we helped out at and stored some things was raided. Dates on warrant are diff from paperwork filed.
A: Question everything. That's how we identify effective defenses. But don't share details online publicly. Instead call a criminal defense lawyer with significant experience defending drug cases. You are welcome to call me. A stale search warrant can make the search illegal. But we want to get a full picture of each and every fact possible, before settling on the best defense.
Q. can you be charged almost two months after a traffic stop. also the supposed evidence i have no idea what it could be.
A: Yes. The statute of limitations period on Minnesota drug crimes is generally three years. While an arrest is inconvenient, a prosecutor can charge a crime regardless of whether the person was ever arrested. They do need evidence. Sometimes suspected illegal drugs are confirmed by a lab before charging (though not always). Keep looking for defenses though. A defense lawyer can be a big help doing that.
Q. I received a summons by regular mail with no signature required.
A: When a prosecutor charges a person with a crime, they can either request an arrest warrant or send a Summons to appear. When a Summons is sent, if the defendant does not show up in court at the place and time on the Summons, the judge will issue an Arrest Warrant. Then, police will arrest the defendant and book them into jail. The defendant's bail will usually be higher as a result of the "Failure to Appear" on the Summons. That's why it's a good idea to show up as required by the Summons (or Notice of Appearance). There is no requirement that a Summons be personally served. Almost all of them are mailed.
Q. can I file or press charges against a 17 year old that rear ended me an left the seen when I reported it
A: That description sounds like a hit & run accident. You can make a complaint to the police about it. Then police can investigate for evidence. Police then may refer it to a prosecutor for possible criminal charges. You can talk to police and-or the prosecutor before that to check on the status of the investigation. Regardless of what they do, you can also try to retain a personal injury lawyer for help making a claim for injuries from the accident. I am a criminal defense attorney. You don't need a criminal defense attorney. You need a personal injury lawyer. Call one or more and get started. And do it soon because your rightscan be diminished ro destroyed over time. Good luck.
Q. Can you get a reckless/careless driving ticket if you aren’t caught by police, but a camera is present?
A: Did you? The usual problem with charging a crime against someone with only camera evidence is lack of identification evidence. The police would need to get the suspect or target to talk to them, in order to have a solid case.
Q. Felon’s Personal Belongings
A: I don't know the answer to that question. I imagine you might: 1. Call his lawyer; 2. Call one of his close family members about it. I suppose much may depend on the volume of "his belongings." A truckload? Or just a wallet and watch? My first though would be someone close to him, willing to store it for free. If he's out on supervised release, he could pick it up with police supervision. Police are generally willing to do that, as long as it doesn't take too long.
Q. Is there any possible way to get a new prosecutor and judge? Is there any way to reopen omnibus or restart a case?
A: Reading that description, it sounds like you may want to replace your lawyer. If you do, your new lawyer may be able to ask for another Contested Omnibus Hearing. That would be an unusual request, and would need to have strong reasons to have a chance. But a new lawyer would have better chance to do it again, or raise similar issues in a different context. The defendant cannot influence who the prosecutor is, but can remove one judge without cause if done soon after learning which judge is assigned. The defendant cannot remove a judge after that or if the judge has ruled on anything except for cause. A defendant can ask that the judge who presided over the Contested Omnibus Hearing, not preside over the trial.
Q. If pulled over, and vehicle gets towed spent a weekend in jail and day of court you get released with charges dropped
A: Normally the tow yard won't release a vehicle with a police hold. So if there is one, the owner will want to get the police to release the hold. If police are demanding proof of insurance and plates, then of course that may be a good idea. If there is some legitimate reason for the vehicle to be released without those, you could try to persuade the police or government they work for, of that. (For example, it's a track car only.) As for avoiding paying the tow and storage charges, I'm skeptical you will be able to do that -- at least without spending even more money in the effort. It may be possible to pay to get the vehicle out now, then seek reimbursement.
Q. What does “PROB CAUSE” mean when referring to the severity of charges?
A: That looks like an excerpt from a jail roster. A person held in jail must be there either under a court Order (i.e., an arrest warrant), or a "probable cause hold." The laws give police officer limited authority to check someone into jail with a court order, upon their representation of "probable cause" to believe the person committed a crime. "Probable cause" is a legal term of art that means somewhat different things depending upon context. In this context, it means the police officer claims to have evidence that the person committed the crime noted. On a jail roster, "probable cause" usually means the person hasn't been charged yet. The term does not refer to severity of charges. Rather, it normally means no prosecutor has yet filed any charges.
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Contact & Map
Gallagher Criminal Defense
310 Fourth Ave South, Suite 8000
Minneapolis, MN 55415
Cell: (612) 333-1500