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 police charge firearm possession based on hearsay in MN?

July 18, 2025

A: Given the facts presented in the question, a defense attorney would consider whether the search warrant was lacking probable cause or the search had another legal defect, as part of an effort to suppress evidence obtained in an illegal search. If a judge did suppress all the evidence, the charges would be dismissed. Hearsay reports are often used to support a Search Warrant Affidavit-Application. When they are, a distinction is made between a "reliable informant" (one who had given police tips in the past which turned out to be well founded), and a first time informant. Judges like to see some corroboration of an informant's claims, in Search Warrant Affidavits. Your lawyer will want to look at all available evidence and pretrial discovery materials to evaluate the search warrant, as well as other potential defenses (such as lack of evidence of possession, for example). ... Read More

Q. What happens after reporting an assault with charges but no arrest yet?

July 8, 2025

A: After a criminal charge is filed with the court, the court will either issue a Summons to appear or an arrest warrant. If the Defendant is sent a Summons and fails to appear, the court will issue an arrest warrant. If a criminal case is in warrant status, court proceedings will be put on hold until the Defendant clears the warrant, normally by being held in custody (jail). The next court proceeding after that is normally a Pretrial Release Hearing (or Bail Hearing). After that the court proceeding will continue until through disposition (dismissal, guilty plea, or trial and verdict). If convicted, as sentencing hearing would follow. Once court proceedings resume, that could take as little as six months to years. So, the court process will remain on hold, until the defendant is located and in custody. ... Read More

Q. Charged with assault and minor in a bar after altercation with bar owner's wife.

June 26, 2025

A: It's a good practice to avoid speaking about an incident related to a pending criminal case, other than with a lawyer in a private conversation. If this happened in North Dakota, discuss with an attorney licensed there. Based on the hypothetical facts laid out in the question, in Minnesota the person might face charges for underage purchase of alcohol (or similar), and assault; as well as a potential defense of self-defense (to the assault charge). In Minnesota, self-defense (outside one's home) includes a judicially-created "duty to retreat" first, where reasonable and possible. A prosecutor may argue that the defendant is guilty because he used force when retreat was reasonable and available. The defense may argue that retreat was not reasonable or possible at the time because the reasonable use of force by the defendant did not happen until just after the physical attack by the complainant began. Talk with a criminal defense attorney about help. ... Read More