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. 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

Q. Charged with assault and minor in a bar after altercation with bar owner's wife.

June 26, 2025

A: It's a good practice to avoid speaking about an incident related to a pending criminal case, other than with a lawyer in a private conversation. If this happened in North Dakota, discuss with an attorney licensed there. Based on the hypothetical facts laid out in the question, in Minnesota the person might face charges for underage purchase of alcohol (or similar), and assault; as well as a potential defense of self-defense (to the assault charge). In Minnesota, self-defense (outside one's home) includes a judicially-created "duty to retreat" first, where reasonable and possible. A prosecutor may argue that the defendant is guilty because he used force when retreat was reasonable and available. The defense may argue that retreat was not reasonable or possible at the time because the reasonable use of force by the defendant did not happen until just after the physical attack by the complainant began. Talk with a criminal defense attorney about help. ... Read More

Q. Can I use body cam videos verbatim in my defense for a collision-related misdemeanor charge following a police report submission?

June 23, 2025

A: The question is unclear, due to wording. The question appears to be: "Can I use police body cam video in my defense, even if the video records a witness not present in court." The answer is "it depends." A few legal issues often arise when asking a judge to admit police body cam video in a trial. First, is the issue of "Foundation" for admission of the video into trial evidence. Does the video fairly depict what the proponent purports that it shows? Anyone who was there should be be able to testify to that, at least the parts of the video they witnessed at the time. Another issue can arise when the government seeks to admit video evidence against the defendant that depicts testimonial statements py a person who will not testify at the trial, as this would normally be a violation of the Defendant's constitutional right to confront (and question) witnesses against him or her. A third common issue is the Rule Against Hearsay. If the video contains statements by a person who does not testify in the trial, that are offered as evidence that the person's out-of-court statements are true, that should be excluded by the judge as hearsay. Presumably the police officer associated with the body cam video will testify. It may be possible to get it into evidence as part of that police officer's testimony, to show what his or her investigation revealed at the time. More issues can arise. And even these three issues can be complex, depending upon the specifics of the case, the videos, and other factors. The best thing to do would be to seek help from your lawyer, trained to deal with these kinds of issues. ... Read More