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. Am I able to test evidence used against me in a drug case ?

January 21, 2025

A: It should be possible to get a lab to retest a substance the state claims to be illegal drugs, either at the same lab or a different one. The Defendant might be required to pay for that, unless a judge were to order otherwise. Retesting would take time to complete, either way. The defense attorney could file motions asking the judge to order the state to retest, or to send alleged drugs to a lab chosen by the defense for testing (by default, at the cost of the defendant). If the defense attorney did so, and were to request that any upcoming court appearance be postponed pending the retesting, the judge might grant that request as well.

Q. If I got a dui while on probation and entered treatment before I could Tell my probation officer will I still go to jail

January 21, 2025

A: Picking up a new criminal charge of DWI while on probation for misdemeanor Disorderly Conduct could be a violation of conditions of the stayed sentence. But entering and completing chemical health treatment would be viewed as a mitigating factor. Keeping to Probation Officer informed is a good idea, since it can help maintain trust. Treatment and continued sobriety and staying away from trouble will all help. Work with your lawyer on it as well.

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