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 still shots serve as evidence in theft by swindle case?

March 4, 2025

A: The question touches upon two legal topics: evidence law and the elements of the crime claimed. A photograph can be evidence admitted into a trial, if properly authenticated, including testimony that it fairly represents what it is purported to depict, as well as being material and relevant to the prosecution or defense case. Once admitted into evidence by the judge, then the jury can give it whatever weight they choose. Next, the prosecution is required to present evidence to support each and every statutory element of every crime they claim. If the sole evidence in a trial was pictures of the defendant standing by a customer service desk, and no other evidence, at all, were admitted into the trial, that would almost certainly be inadequate proof for multiple elements of the criminal statue charged. However, it's difficult to imagine a prosecutor doing that. More likely there will be additional evidence. Discuss the case with your lawyer. ... Read More

Q. Can I be charged with theft for unknowingly transporting stolen items?

February 27, 2025

A: A criminal statute must have an "intent element." The level of criminal intent varies in different criminal statutes, but some level of intent to do the prohibited act must be proven. For a person characterized by police as a "target," exposure to criminal liability might exist even where the "target" knows that they had zero criminal intent, even zero knowledge," of a prohibited act. Why? Police might believe that they have "evidence," perhaps "circumstantial evidence" that they can use to push an inference that the "target" did have knowledge or other criminal intent. Therefore, actual innocence alone is not a bar to facing a criminal charge. And as a result, it's important to consult a criminal defense lawyer, to explore ways to avoid creating more evidence (such as the mistake of talking to police), and other ways to reduce the risk of prosecution. ... Read More

Q. Accused of assault in MN; accuser with multiple restraining orders pressing charges. Next steps?

February 27, 2025

A: 1. Do not speak with police, at all. Decline any police contacts to speak. 2. Contact a criminal defense lawyer for some help. 3. It can help to try to preserve evidence that might be helpful, such as video of the accuser threatening people with knives.