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Thomas C Gallagher

Thomas C Gallagher

Gallagher Criminal Defense
  • Criminal Law, White Collar Crime, Juvenile Law...
  • Minnesota
Claimed Lawyer ProfileQ&ASocial Media

Minneapolis criminal lawyer Thomas C Gallagher has been fighting for your Liberty in Minnesota state and federal court for over 29 years. His practice is limited to criminal defense.

Practice Areas
  • Criminal 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
Chair, Board of Directors
- Current
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.
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
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
15 Questions Answered

Q. Minnesota self-defense
A: Whether a use of force event is viewed as an assault or as self-defense is highly fact dependent. It depends upon circumstances, not only as they truly were, but also as perceived and reported. Based upon this brief description, it looks like self-defense to me because the use of force was proportionate to the threat (or perhaps less than). Potential multiple attackers, trespassing after notice, with a leader who attempts a physical assault is met with a deflection and a strike. That sounds like reasonable use of force. As for the "duty to retreat" as is often the case, there is no time to retreat as a person is trying to punch you in the face. Retreat would invite injury or death. The only reasonable response is the use of force. Of course, what the police recommend to a prosecutor (if they refer it), and what a prosecutor might ultimately decide, is up to them. And they will base their decision on the facts as they have received them - not always accurate.
Q. My son was pulled over with just a learners permit but did not receive a ticket. He has a road test scheduled tomorrow
A: I would. It won't change the past, but it might help if he does get a ticket in the mail and then goes to court on it.
Q. I live in a state where there are points - but I got a ticket in Minnesota, does it transfer over?
A: I don't know with certainty that all 50 states are now part of the Interstate Compact on Drivers Licenses, but last I checked almost all 50 were. Therefore it is highly likely. Your home state may assign points for out-of-state traffic tickets. The Interstate Compact model statute has language to the effect that out-of-state tickets should be treated as if they happened within the home state. I've had cases where that led to wrongful treatment of a client, but hopefully that will not happen to you. It's generally best to tr to prevent a traffic ticket from going on your drivers license record by going to court - with or without a lawyer.
Q. Comment: jail will be vacated if the proof of level 1 is turned into probation / Status: Active 10/12/2017Condition -
A: It's difficult to tell, without context. It could be a reference to a court's sentence ordering jail time unless proof of "level 1" (perhaps a chemical use program or other) is provided to probation by a certain date. If the defendant is not understanding their sentence, he or she should consult their lawyer, and discuss with a probation officer.
Q. Can cops watch me on a traffic cam and wait for me to drive away so he can mail me tickets
A: More than one defense comes to mind based on this description. Evidence of the identity of whoever may have been seen driving a vehicle via a traffic cam, would seem to be lacking. The prosecution could also have witness problems, needing not only the State Patrol Officer but also whoever was the traffic cam "witness." I'd suggest fighting them all in court.
Q. Someone gets pulled over in my vehicle they were driving and i was the passenger who gets the ticket me or the person
A: Minnesota's window tint statute says "No person shall drive or operate any motor vehicle ..." with too dark of a tint. Based on that, unless the passenger was driving or operating (there have been cases where police claimed passengers were "operating") they should be be charged under this statute. See, Minnesota Statutes Section 169.71
Q. Can a cop mail you a citation or does it have to given to you on the spot?
A: Yes, police officers do this often. Generally it's best to fight every traffic citation in court.
Q. If I plead guilty to a traffic violation & then found out I wasn't guilty, can it be reversed?
A: You can file a motion to re-open. For people who simply mailed in the fine, the chances of the court re-opening are good. For people who plead guilty in front of a judge in court, it's difficult, but sometimes can be done if there is a reason the judge views as a good one.
Q. I recieved a citation of 70 in a 55. Is there a way to keep this from affecting my license record and insurance?
A: You're welcome to call me to discuss. You may also find useful information one of my webpages: It will help if you have a clean driving record for the prior three to five years. You may be able to get a prosecutor to offer you an outcome that will allow you to keep it off your record with the payment of costs and no similar violations for the following (or similar). Sometimes it's worth hiring a lawyer to help you accomplish. I'm happy to discuss this by phone further.
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Contact & Map
Gallagher Criminal Defense
310 Fourth Ave South, Suite 8000
Minneapolis, MN 55415
Cell: (612) 333-1500