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. Options for addressing DUI charges and impounded truck in Minnesota

May 30, 2025

A: The truck's owner could locate the impound lot & ask what they will need to release the truck back to the owner. If a driver's license revocation Notice under Minnesota's "implied consent" law was issued, that must be formally challenged in a court filing before the expiration of the 60 day time limit, or it will forever be too late. Most people want to file ASAP, since some may be able to get their license temporarily-reinstated, pending the implied consent hearing. It's best to enlist the help of a DWI attorney for that. Any time a person is facing criminal charges, that person need a defense attorney's help, including a criminal DUI charge. I have used 100s of defenses in DUI cases over the years. Which are best in any given case is highly fact-dependent, based on what happened in that particular case. So the one clear thing to do to address these issues is to retain a good DUI defense lawyer. Then roll up your sleeves, and dive into the totality and details of what happened, to identify every potential risk and defense. ... Read More

Q. Accused of DWI based on meth, not drugs officer suspected. Can it be legit?

May 19, 2025

A: The question mentions facts that could give rise to several defense issues. But to focus on the headline question "police officer suspected driver was on fentanyl or heroin, obtained a blood sample after search warrant, results showed presence of meth. Can this still result in a legitimate DWI charge?" The answer is yes. The key question is whether the police officer acted lawfully in obtaining evidence. If the police officer did act lawfully throughout the chain of events leading to collection of the evidence, then the evidence could survive a probable cause challenge (unless there are other defense issues that would cause a judge to suppress the evidence, such as illegal stop, lack of foundation, etc.). Even if probable cause exists for the charge, the defense could still win at trial with a prescription drug defense, or other defenses. ... Read More

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