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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
205 Questions Answered

Q. Riding dirtbike on someone private property, I didn’t know. They use force to make me leave it gets violent, details
A: It's difficult to answer detailed hypothetical questions in the absence of context. You might try a phone call instead. It doesn't seem that you are charged with a crime. So it does not look like a criminal law question. If you're charged with a crime, that usually defines the purpose of the question. If you're considering a civil claim, you may want to talk to a civil lawyer.
Q. If I am not told that an interview with a police investigator is being recorded, is it still submissible as evidence?
A: The most common reasons confessions and statements to police are suppressed are: (1) involuntary or coerced; (2) no Miranda warning where suspect is in custody and being questioned by police; and (3) no valid waiver of rights. In Minnesota, courts also want police to audio record statements. But in Minnesota, pretty much anyone can lawfully record their own conversation without disclosing the fact that it's being recorded. Recording other people's conversations without notice is illegal though, with limited exceptions. So in general, police can use recordings of their own conversations with a suspect.
Q. My boyfriend ia 17, and had a warrant out for his arrest. He got picked up and sent to JDC. How long is it going to be?
A: No one could answer that question with the given information. People held for probation violations tend to be locked up longer, than those who only are facing a new charge. Contact the jail to see if they allow visiting hours for juveniles. If he was charged with a felony at age 16 or older, his record is public. That would mean you could check with the court for his next court date.
Q. I was caught shoplifting at Walmart. They said I had 50 or 80 dollars worth of items that didn't get scanned.
A: What will happen will depend upon you, and what you do. Most people facing a first-time criminal theft charge want to keep their record clean. And usually I'm able to help my clients do that. But other people go to court without a lawyer, talk to the prosecutor, plead guilty, and get a criminal record for theft. That can make it hard to get a good paying job or apartment. I'd suggest: get a lawyer and keep a conviction off of your public court record.
Q. If you get caught shoplifting at Walmart can they check security cameras from prior visits to see if you were
A: I'm not an expert on Walmart security and loss prevention practices. It seems reasonable to assume that they don't keep massive video files of the store for years. Days? Weeks? I don't know. But if they have the video still, that would allow them to use it, right? I'm not sure whether simply video evidence would be enough to charge someone though. To have a solid case, they should have some other, corroborating evidence. In the end, the specific facts of an actual situation would be needed.
Q. wondering about the process of being assigned a court appointed lawyer.
A: In Minnesota, the court asks people to fill out a public defender application form with some basic financial and other information - first thing at the First Appearance. That is how it is normally done. It can be done later, too. You could contact the public defenders' office before that, but 99% of the time there is no real reason for doing so. Unless there is an unusual, urgent circumstance, it's best to wait until you get to court.
Q. My lawyer got disbarred and misrepresented me im disabled and want to know what to do to to file a complaint
A: If the lawyer has already disbarred, I'm not sure what more the Minnesota Lawyer's Board of Professional Responsibility could do. But you may wish to contact them and find out. If you want to look into your conviction, you may want to ask a private criminal defense attorney or public defender's office to help you with that.
Q. Can a Probation officer change the terms of a court order? And is there a way to prove said terms are unjust/unreasonab?
A: A Probation Officer does not have authority to change the written terms of judge's explicit, written conditions of probation. But from a practical perspective, judges rely heavily on probation officers and give them a lot of discretion. A defendant have trouble with a probation officer is better of trying to reach a better understanding of what is expected. Probation officers have a lot of discretion in interpreting probation conditions set by the judge. In extreme cases, the defendant can ask their criminal defense lawyer to ask the judge to clarify the conditions of probation.
Q. When did the USA start requiring bar certification for federal public defenders
A: States have required lawyers to pass a legal competency exam since the late 18th Century. Federal courts require attorney to be licensed Federal courts admit lawyers to practice if they apply and are admitted to practice in a State or federal jurisdiction. Federal public defenders are not treated differently than other lawyers.
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Gallagher Criminal Defense
310 Fourth Ave South, Suite 8000
Minneapolis, MN 55415
Cell: (612) 333-1500