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.

• Criminal Law
• Cannabis & Marijuana Law
• White Collar Crime
• Juvenile Law
• DUI & DWI
• Domestic Violence

• Free Consultation
• Credit Cards Accepted

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.

Minnesota State Bar Association, Criminal Law Section

Member

1988 - Current

Minnesota Norml

Chair, Board of Directors

2017 - 2018

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

Commissioner

2011 - 2017

Activities: We adjudicate civil rights complaints in Minneapolis, and work to advance the cause of human rights in Minneapolis.

Minnesota Society for Criminal Justice

President

2010 - 2011

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

1989 - 2004

Minnesota State Bar Association

Board of Governors

1995 - 2001

Activities: Governing Board of the Minnesota State Bar Association.

Hennepin County Bar Association, Criminal Law Section

Chair of Criminal Law Section

1995 - 1999

Q. I was issued a citation for speeding however the vehicle listed on the ticket is not mine. Can I get this dropped?

19 July 2019

A: The police officer listing the wrong vehicle will not automatically result in the charge being dismissed. But a good lawyer may use that to support a misidentification defense. The prosecutor must prove to the judge's satisfaction at trial, that the speed was over the speed limit, and that the speed was not reasonable and prudent. 69 vs. 70 mph would make little difference. But it's great that you're thinking about how to fight it. Of course you'll do better with a lawyer, but if you don't want to hire a lawyer; do your best to fight it anyway. Most set a goal of keeping a speed off their driver's license record. There are a few ways to do that. First, we try to work out an agreement with the prosecutor that will accomplish that goal. Those agreements typically include conditions of payment of prosecution and court costs, and no same-or-similar violations for a year. But if they won't agree, then we have a trial. Many defenses can be raised at trial. See my website for more on that, or give me a call.

Q. Deprivation of Parental Rights. It has been 585 days since 3rd Party Custodian allowed Mother to see/speak to daughters

17 July 2019

A: Only the prosecuting attorney can file a criminal charge in court. The exception is that police officers can tab charge misdemeanors and petty misdemeanors, subject to later review by the prosecuting attorney. Neither you nor a private attorney can file a criminal charge in court. You can make a complaint to police, and to the prosecutor; but then it's up to them to use their discretion on the next step. I can't speak to what further family law remedies you may have.

Q. What Minnesota law was broken if a deceased person's property was removed before 30 days had passed?

16 July 2019

A: As a criminal defense lawyer, I don't know which, if any, such law exists. Perhaps it does. When someone claims a law, unless it's a criminal law I generally ask them for the Statute citation number. Then we can read it online. If the problem relates to disposition of the personal property of a person recently deceased, such questions are best addressed to an attorney who practices estate planning.

Q. What does it mean when a (gm) case says warrant recalled, then warrant return of service. Both on the same date.

15 July 2019

A: It's difficult to know without seeing it. But there is never a future court date and an active arrest warrant at the same time. If the court has a future court appearance scheduled, that means there is no more active warrant.

Q. I got a speeding ticket in Hennipen Co., MN, for 88 in a 55 mph zone. What are the penalties I’m facing?

14 July 2019

A: Check to see if it is charged as a misdemeanor. A misdemeanor is a crime with a maximum 90 day jail sentence. Jail is rare for speeding, however. A person's driver's license can be revoked or suspended as a "habitual violator," based on the number of driving violations within one or three years, and depending upon whether they are petty misdemeanors or misdemeanors. You can find the Minnesota Department of Public Safety's rule on habitual violators on the state's website under Minnesota Rules (or call a "Driver Evaluator"). You might consider retaining a defense lawyer.

Q. My husband has a DANCO and I do not want to testify against him in court. Can I legally refuse to testify?

11 July 2019

A: If you are properly served a subpoena to appear, and if you do then appear at the trial, then you will be legally ordered to testify or be held in contempt. But in most domestic criminal cases with only one prosecution witness, if that witness does not testify the charges may be dismissed. And there are things that the prosecutor's victim can do to fight back. Minnesota has a Victim's Rights Act law. It's a bit complicated, but call me or another good criminal lawyer who regularly represents victims and witnesses for a consult.

Q. Was driving home at night got pulled over where the trooper shined her spotlight in my side mirror directly in my face

11 July 2019

A: Most police do that. I'm not aware of any legal remedy to stop it. You could adjust your mirror, so that it does not reflect into your eyes.

Q. Unclaimed speeding ticket and suspended license

8 July 2019

A: I'm not sure what "unclaimed" means. But, the Minnesota Department of Public Safety administers drivers licenses in Minnesota. If you call a "Driver Evaluator" there, they should be able to help you sort it out. Another idea: if you have the citation number, go to the Minnesota court's website mncourts.gov and use it to find the District Court Record and "Registry of Actions." It will show the County.

Q. I was issued a citation that has 30 days to pay the citation or set up a court date. Can they put it on media

2 July 2019

A: Generally, most court records are public. But a person is presumed innocent until the claim made is proven or not at a trial, or with a plea. If a person has been charged with a violation, to say that person was charged would be accurate. But if a person has been charged with a violation that is still pending outcome, to say that person was convicted or guilty would be inaccurate.