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.

University of Minnesota Law School

J.D. | Law

1984 - 1988

University of Minnesota - Twin Cities

B.A. | Psychology

1978 - 1983

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.

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

Since 1988

• Free Consultation
• Credit Cards Accepted

Q. If I have a an HRO against me, is it a violation to have the other party served court paperwork by mail in Minnesota?

December 31, 2024

A: Best practice for a person with a Harassment Restraining Order prohibiting contact with anothe rperson would be to avoid contact, whether direct or indirect. In practice, such a person may end up in the same courtroom during or waiting for a court hearing, for example. And that would not be contact that would violate to the court's "No Contact Order" in the HRO. Similarly, having the person served a copy of legal pleadings or documents to be filed with the court, would not be not be contact that would violate to the court's "No Contact Order" in the HRO. But, as you suggest, it would be best to avoid personally serving them the legal papers. Instead, having the Sheriff serve them, or a private process server, or service by mail if permissible, would be better because those would avoid any personal proximity. As for false claims, one can try to get evidence contradicting them, and can challenge them in court. ... Read More

Q. Can the prosecutor amend a charge on the day of your speedy trial start date?

December 23, 2024

A: Under the Minnesota Rules of Criminal Procedure, the state may add new charges to a complaint if the case is in pretrial proceedings. Minn. R. Crim. P. 3.04, subd. 2. The state may also amend a complaint "at any time before verdict or finding if no additional or different offense is charged and if the defendant's substantial rights are not prejudiced." Minn. R. Crim. P. 17.05. But a District Court Judge has broad discretion to grant or deny leave to amend a complaint. So even though the law allows the prosecutor to amend the charges in the Complaint under many circumstances prior to verdict, there may also be circumstances where the law, and judge, would not allow it. Because this is so case specific, only the attorney representing the defendant would have sufficient information to form an informed opinion and possible challenge. So, talk to your lawyer about it. ... Read More

Q. Can I have a misdemeanor dismissed of incorrect license for the state I live in if I correct it immediately?

December 19, 2024

A: Some prosecutors will offer the defendant a chance to avoid a smaller license related conviction on their records, if they chow up in court with the issue with their license recticitfied, plus payment of "court costs." No guarantees, but you can ask. Since the issue will need to be corrected anyway, doing it before resolving the criminal case makes sense.