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. How to drop 5th-degree domestic assault charges in MN?

July 29, 2025

A: Every case is different with different evidence and legal issues. Some assault cases may involve the legal defense of self-defense. Most assault cases I see are based on the accusation of a single person, with few if any pretrial evidentiary issues; but many contested facts and issues for a jury trial to resolve. So often the best approach is for the defense attorney and defendant to roll up their sleeves and get work gathering facts and discovery and preparing to trial. Once in a while a prosecutor will offer a non-assault or non-conviction agreement. But to get charges completely dropped is likely to require a jury trial and acquittal. First step: lawyer.

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