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.

• 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.

Q. Can parole conditions prohibit medical marijuana use with a card in MN?

May 11, 2025

A: See Minnesota Statutes Section 244.05, Subd. 2 (b) (The DOC commissioner may not prohibit an inmate placed on parole, supervised release, or conditional release from using adult-use cannabis flower, or adult-use cannabis products, hemp-derived consumer products, or lower-potency hemp edibles, unless the inmate undergoes a chemical use assessment and abstinence is consistent with a recommended level of care for the defendant in accordance with the statutory criteria).

See also, Minnesota Statutes Section 342.57, Subd. 8. (Sanctions restricted for those on parole, supervised release, or conditional release. The DOC commissioner of corrections may not prohibit an individual from participating in the medical cannabis registry program as a condition of release; or revoke an individual's parole, supervised release, or conditional release or otherwise sanction an individual solely for participating in the registry program; or for a positive drug test for cannabis components or metabolites.) ... Read More

Q. Are firearm rights restored after completing sentence for fleeing police in Minnesota?

April 29, 2025

A: Step one: Check the Minnesota Statutes definition of felony "crime of violence"Minn. Stat. § 624.712, subd. 5, to see if the crime of conviction is currently listed. If it is, a lifetime loss of civil rights is triggered (unless later restored by court order or pardon). Doing so, it appears that fleeing a peace officer in a motor vehicle under Minn. Stat. § 609.487, subd. 3 is NOT currently listed. Therefore such a conviction does not trigger a lifetime ban.

Step two: Was the crime of conviction *ever* a Minnesota felony conviction? (A "stay of Imposition" if later reduced to a misdemeanor after probation, was still a felony conviction for a period of time.) If, the person is subject to a loss of civil rights to firearms until the day after their sentence expires (end of probation or prison and supervised release). This restoration happens by statute (by law), under Minn. Stat. §609.165, which fully restores civil rights: "When a person has been deprived of civil rights by reason of conviction of a crime and is thereafter discharged, such discharge shall restore the person to all civil rights and to full citizenship, with full right to vote and hold office, the same as if such conviction had not taken place, and the order of discharge shall so provide.” (Note that general rule has some exceptions, such as felony "crimes of violence" and “misdemeanor crime of domestic violence.”)

For more information, I have several articles on my site. And a phone call can help clear up questions. ... Read More

Q. Chances of avoiding a ticket for driving on a closed road without citation in Minnesota.

April 29, 2025

A: Perhaps the most important reason to have human police officers conduct traffic stops, is so that they can positively identify the driver on the spot, with a driver's license photo. When a city sends a citation or summons charging a traffic violation where there was no police traffic stop, the charge may fail due to lack of evidence of identity (who was driving). The usual remedy is to try to get the owner of the vehicle to admint driving, either on the phone or in person, days or weeks later. As you can tell by now, much depends upon what happened, and not mentioned in the question. So, the best idea, as always is to pick up that phone, and call a lawyer for a phone conversation to discuss. One thing is sure though. A person has literally zero chance of avoiding a traffic ticket if they fail to contest it. ... Read More