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Thomas C Gallagher
Gallagher Criminal Defense
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Claimed Lawyer ProfileQ&A
Biography
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
- Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
- Cannabis & Marijuana Law
- Marijuana Business Formation, Medical Marijuana
- White Collar Crime
- Juvenile Law
- DUI & DWI
- Domestic Violence
- Domestic Violence Criminal Defense, Domestic Violence Restraining Orders
Fees
- Free Consultation
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- Minnesota
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Languages
- 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
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- Criminal defense for firm's clients, as well as personal injury and other civil litigation.
Education
- University of Minnesota Law School
- J.D. | Law
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- University of Minnesota - Twin Cities
- B.A. | Psychology
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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.
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- Minnesota Society for Criminal Justice
- Member
- - 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.
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- Minnesota Association of Criminal Defense Lawyers
- Member
- - Current
- Activities: Member of the largest criminal defense bar association in Minnesota, working together to protect the rights of Minnesotans.
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- National Association of Criminal Defense Lawyers
- Member
- - Current
- Activities: Member of the largest criminal defense bar association in the United States, championing the cause of the People.
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- NORML Legal Committee
- Member
- - 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.
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- Minnesota State Bar Association, Criminal Law Section
- Member
- - Current
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- Minnesota NORML
- Chair, Board of Directors
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- 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.
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- Minneapolis Civil Rights Commission
- Commissioner
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- Activities: We adjudicate civil rights complaints in Minneapolis, and work to advance the cause of human rights in Minneapolis.
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- Minnesota Society for Criminal Justice
- President
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- Activities: Served as President of the Minnesota Society for Criminal Justice, the oldest criminal defense bar association in Minnesota.
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- Hennepin County Bar Association, The Hennepin Lawyer Editorial Committee
- Member of Editorial Committee
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- Minnesota State Bar Association
- Board of Governors
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- Activities: Governing Board of the Minnesota State Bar Association.
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- Hennepin County Bar Association, Criminal Law Section
- Chair of Criminal Law Section
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Empowering the accused
Legal Answers
800 Questions Answered
- Q. Is a citation valid if filled out incorrectly by the officer?
- A: Based on that description, it sounds like the father was convicted by default, for not responding to a petty misdemeanor charge. He could file a motion with the court to re-open the case (can use downloadable forms on the Minnesota Courts website), getting a hearing date for that motion, then discuss with the prosecutor, prior to appearing before the judge on the motion. He could point out that the charge is a driving violation, but he was not there, and not driving.
- Q. Can police search my car without consent due to MN ruling?
- A: No. The recent Minnesota Supreme Court decision, State v. Bee, A23-1257 (Minnesota February 19, 2025). decided an issue of the interpretation of statutory language - the meaning of "public place" in the context of a criminal charge for carrying in a public place, where the "public place" was the interior of a private motor vehicle on a public road. The court decided that if the motor vehicle was on or in a "public place" the fact that an item was found inside a private motor vehicle did not matter. The case did not involve or address Fourth Amendment search issues, nor did any party raise those issues before the court. So, while police officers may sometimes lawfully ... Read More
- Q. Can police arrest me for requesting badge numbers in MN?
- A: Would it be lawful for a police officer to arrest a person simply for requesting their badge number and identification in Minnesota? No, because a lawful arrest would require either an arrest warrant or sufficient "arrest probable cause" of criminal activity. A related question might be: "if a police officer has a lawful basis for arrest, is the police officer required by law to make an arrest?" The answer to that question is no, since police officer's may exercise discretion in whether to arrest, provided they have a lawful basis for doing so. Related is the preference in Minnesota law for police officers to issue a citations (summons) for misdemeanors and petty misdemeanors, ... Read More
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