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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
235 Questions Answered

Q. I strongly think that my girlfriend is only being charged with domestic assault because she changed victims statement.
A: There isn't much benefit to speculating about the motivations of police or prosecutors. But, there is a lot you can do to help her get the no contact order dropped, and then get the charges dropped. To find out more about that, call me.
Q. I am making a presentation on Ford V. Wainwright for school, can I get some assistance?
A: I'd suggest visiting a law library. You may get some help there.
Q. Citation for not changing drivers license over after getting a warning the first time around. Can I get it dropped?
A: You could look up the statute number online to see if the charge is a misdemeanor crime. I would if you'd mentioned the number. But, with violations like this, often the primary concern of the government is gaining compliance. Now that you have complied, if you bring proof to court the prosecutor may offer you a disposition that will not result in a conviction.
Q. I was caught with 1 gram of thc oil can I still be charged with a felony if they didn't arrest me or give me a ticket
A: Yes. A prosecutor can charge a person with a crime regardless whether that person was ever arrested or given a ticket-citation by police. Whether the charge was a first time charge, or whether the person had priors makes no difference here. However, a first timer should be able to get a better outcome that a person with priors, in general. If person is waiting to be charged, they should be careful to be law abiding and not call attention to themselves. A few are never charged. Even a delay in charging is a good thing.
Q. I have friend who on bond if he smokes weed how can he fix problem
A: A common condition of pretrial release on a criminal charge is "no use of alcohol or other drugs, except as prescribed by a physician." Often drug testing goes with it. If the person subject to that condition smokes marijuana then he or she will get a drug test positive for THC or THC-metabolites, which can last 30 days or more after last use. Use of marijuana in violation of a condition of pretrial release can result in an arrest warrant. After arrest and jail, the judge eventually should consider pretrial release again, often with more restrictive conditions possibly including higher bail. The best thing to do would be to avoid using marijuana or even being around others who are using it. Even though THC metabolites can remain in the body 30 days or more since last use for heavy users, for non-regular users the body can be free of THC metabolites in a shorter time frame.
Q. I was caught with 1 gram of THC oil it is my first offence im 21 i have a clean record what could be my outcome
A: One gram of THC oil could be charged as a Fifth Degree Controlled Substance - Fifth Degree possession, a felony. The outcome of any criminal case is uncertain, depending upon many factors including your will to fight and your choice of defense attorney. If convicted of this charge as a first offense, the Minnesota Sentencing Guidelines for felonies call for a presumptive sentence of probation (stayed state prison time), with local jail a possibility. My past clients facing this charge with no priors have wanted to come out of it without a criminal conviction on their public record. I've typically been successful in helping clients get that. Conditions typically include no use with drug testing. Otherwise, we can look for ways to suppress illegally obtained evidence and to win the jury trial. Note that THC oil typically excluded from the Minnesota Statute's definition of a "small amount" of marijuana, which excludes "the resinous form of marijuana."
Q. Can county services with hold my child from me because I have two Warrents?
A: If you read this question again, it's unclear what it's asking. It sound like a lot going on though. Perhaps a phone call to an attorney could help untangle the knot.
Q. Is that a public park is a "known drug area" sufficient as "reasonable suspicion" for search without any other evidence?
A: Whether police have an articulable suspicion of criminal activity, sufficient to justify a Fourth Amendment seizure,depends upon all the facts then known to that police officer. Of course, I don't have access to that information. His defense attorney of record on the case should. If friend has questions, he or she should directly address those questions to his or her lawyer. And request a copy of the discovery from his or her lawyer.
Q. Witnessed my neighbor's dog get hit by a car and die instantly - driver left the scene but lives nearby. Illegal?
A: It may not be a criminal matter, unless there is evidence that it was an intentional act (or at least gross negligent act). But, you could call the police and give them the opportunity to do whatever they can.
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Contact & Map
Gallagher Criminal Defense
310 Fourth Ave South, Suite 8000
Minneapolis, MN 55415
Cell: (612) 333-1500