Gallagher Criminal Defense

Before we speak or act, we consider how it will affect others.

Impulse control - we have it. We use it. It helps us.

Gallagher Criminal Defense • Minneapolis Defense Attorney Minneapolis Criminal Defense Lawyer Thomas Gallagher's insights on Minnesota criminal defense. Our information is your power. 612 333-1500

Minnesota's DWI laws are broad, unfairly entangling innocent drivers. So how can you protect yourself and your family from this injustice? Find out, with my blog article: Countermeasures at a DWI Stop - link in comments

Countermeasures at a DWI Stop • Minnesota DUI Defense Attorney DWI stop: what can you do to protect your rights? Criminal lawyers often hear this question. Minnesota Attorney Thomas Gallagher answers.

Drug laws in Minnesota include statutes criminalizing possession and sale of certain drugs. These statutes have gaps and ambiguities. Or they cross the line, and violate higher law, the Constitution. But in the end, defense lawyers, judges, and juries are the last line of defense against immoral and corrupt criminal laws. More in my article:

Drug Laws | Minnesota Statutes Drug laws in Minnesota, overview by Drug Defense Attorney Thomas Gallagher. Knowledge is power. Get some here. Minnesota drug laws.

Is there a difference between bad behavior and a crime? My article explores Minnesota "crimes."

Crimes | Criminal Charges in Minnesota Crimes in Minnesota - an overview by Criminal Lawyer Thomas Gallagher. What is a crime? Who are the accused? Specific charges. Useful info.

The defense of lack of jurisdiction in Minnesota can have more than one application, more than one meaning. The best time to assert such a defense would be as early as possible. For more on the jurisdiction defense, see my article:

Criminal Jurisdiction Defense • Minnesota Attorney The lack of jurisdiction defense & criminal jurisdiction explained, by Criminal Lawyer Thomas Gallagher, your guide to Minnesota defenses.

The prohibition of ma*****na is immoral - not only because it infringes on the inherent autonomy of individuals to make choices not harmful to others; but because the state lacks moral authority to deprive liberty for innocent conduct. In Minnesota today the government still criminalizes people with more than a small amount.

Minnesota Ma*****na Lawyers | Cannabis Laws • Criminal Laws & Defenses Minnesota ma*****na laws, possession, grow, crimes, defenses, tips & traps.. Minnesota ma*****na defense lawyers Thomas Gallagher's guide.

Martin Luther King Jr.: “As my sufferings mounted I soon realized that there were two ways in which I could respond to my situation - either to react with bitterness or seek to transform the suffering into a creative force. I decided to follow the latter course.”

"If you can learn a simple trick, Scout, you'll get along a lot better with all kinds of folks. You never really understand a person until you consider things from his point of view, until you climb inside of his skin and walk around in it."

Atticus Finch in To Kill a Mockingbird, talking to his daughter Jean Louise (Scout) about the difficult time she is having at school with her teacher.

Many indulge in a naïve belief that because they are "innocent" everything will be alright. But after too late, we realize that being in innocent alone does not avoid a criminal investigation, charge, or even a conviction.

Gallagher Criminal Defense • Minneapolis Defense Attorney Minneapolis Criminal Defense Lawyer Thomas Gallagher's insights on Minnesota criminal defense. Our information is your power. 612 333-1500

"I'm in favor of legalizing drugs. According to my value system, if people want to kill themselves, they have every right to do so. Most of the harm that comes from drugs is because they are illegal." Milton Friedman, Conservative Economist

Legalization Drug Policy in Minnesota • A Solution That Works Legalization of drugs - can it reduce social harms? Attorney Thomas C. Gallagher lays out a conservative approach to drug policy reform in Minnesota.

If the future police get you, give me a call.

https://gallagherdefense.com/contact-gallagher-criminal-defense/

Liberty won in war by some, must be defended in peace by all.

Jury Trial | The Jury Court in Minnesota • Attorney Thomas Gallagher Jury trial process explained, by Minnesota Criminal Trial Attorney Thomas Gallagher. Who's right to a jury? Stages in a jury trial?

“When a judge walks into the room, and everybody stands up, you’re not standing up to that guy, you’re standing up to the robe that he’s wearing and the role that he’s going to play. What makes him worthy of that role is his integrity, as a representative of the principles of that role, and not some group of prejudices of his own. So what you’re standing up to is a mythological character. I imagine some kings and queens are the most stupid, absurd, banal people you could run into, probably interested only in horses and women, you know. But you’re not responding to them as personalities, you’re responding to them in their mythological roles. When someone becomes a judge, or President of the United States, the man is no longer that man, he’s the representative of an eternal office; he has to sacrifice his personal desires and even life possibilities to the role that he now signifies.” Joseph Campbell, "Power of Myth" (1988 Bill Moyers, Apostrophe S Productions, and Joseph Campbell Foundation), p. 12

Why are speed limits so crazy low? Do you drive? Then this one's for you:
How to Avoid a Speeding Ticket in Minnesota
My article about how to avoid a speeding ticket, keep your record clean, keep your license, save on insurance.

Avoid a Speeding Ticket in Minnesota • How to Prevent Conviction Speeding lawyer Thomas Gallagher, explains how to avoid a speeding ticket, keep your record clean, keep your license, save on insurance.

Today, a Contested Omnibus Hearing on my motions to dismiss false charges of DUI ma*****na. Plot twist: police officer turned off sound on squad video, and "can't find" body cam video even though documented in police report, visible on other officer's BWC video.

Contested Omnibus Hearing in Minnesota • Pretrial Motions Contested Omnibus Hearing in Minnesota, a guide by Minnesota Criminal Lawyer Thomas Gallagher. What to expect. Motions to suppress, dismiss.

Last week's Blevins case from the Minn. Supreme Court changed things. Can a peaceable citizen face felony Assault 2 charges in Minnesota, simply because someone "saw a gun?" Know the law, avoid the trouble. Find out how in my article at link::

Brandishing, Assault & Self-Defense: Legal Readiness Brandishing assault charges, intent and self-defense in Minnesota. Attorney Thomas Gallagher's guide to your legal readiness.

Adrenaline vs. Hindsight Bias: the fundamental problem of self-defense as a defense to a criminal charge. Knowing the law can keep you and yours safe. My article:

Self-Defense Laws in Minnesota • The Legal Threat Self-Defense Laws in Minnesota, by Thomas Gallagher, Minnesota Self-Defense Attorney. 2nd Amendment. Explore the law here.

Which is most important, the government's law or Justice?

CREON (The King) [Creon turns to interrogate Antigone]: Tell me briefly — not in some lengthy speech — were you aware there was a proclamation forbidding what you did?
ANTIGONE (The King's neice): I’d heard of it.
How could I not? It was public knowledge.
CREON: And yet you dared to break those very laws?
ANTIGONE: Yes. Zeus did not announce those laws to me.
And Justice living with the gods below
sent no such laws for men. I did not think
anything which you proclaimed strong enough
to let a mortal override the gods
and their unwritten and unchanging laws.
They’re not just for today or yesterday,
but exist forever, and no one knows
where they first appeared. So I did not mean
to let a fear of any human will
lead to my punishment among the gods.
I know all too well I’m going to die —
how could I not? — it makes no difference
what you decree. And if I have to die
before my time, well, I count that a gain.
When someone has to live the way I do,
surrounded by so many evil things,
how can she fail to find a benefit
in death? And so for me meeting this fate
won’t bring any pain. But if I’d allowed
my own mother’s dead son to just lie there,
an unburied co**se, then I’d feel distress.
What’s going on here does not hurt me at all.
If you think what I’m doing now is stupid,
perhaps I’m being charged with foolishness
by someone who’s a fool.
from Antigone, a tragedy by Greek playwright Sophocles written circa 441 BCE.

"Good intentions will always be pleaded for every assumption of authority.
It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions.
There are men in all ages who mean to govern well, but they mean to govern.
They promise to be good masters, but they mean to be masters." Daniel Webster

Gun Charges Defense Lawyer • Attorney Thomas Gallagher's Guide Gun Charges Defense Attorney Thomas Gallagher's Guide to Minnesota fi****ms law, gun crime defense. Know the law. Avoid trouble. Here's how.

My response to the Blevins case:
"When a person or group attacks as part of a plan, like robbery, de-escalation tactics may not work. After all, the aggressor is a predator with a goal; acting with rational purpose not just emotion. Instead, asserting dominance authoritatively, escalation of threat and the use of force may be necessary."

Escalation, Dominance, Deception in Self-defense Escalation, Dominance, Deception in Self-defense. How the Minnesota legal defense and practical self-defense training align.

“Ma*****na never kicks down your door in the middle of the night. Ma*****na never locks up sick and dying people, does not suppress medical research, does not peek in bedroom windows. Even if one takes every re**er madness allegation of the prohibitionists at face value, ma*****na prohibition has done far more harm to far more people than ma*****na ever could.” William F. Buckley, Jr. (1925-2008), Author & journalist, founder ‘National Review’

Legalization Drug Policy in Minnesota • A Solution That Works Legalization of drugs - can it reduce social harms? Attorney Thomas C. Gallagher lays out a conservative approach to drug policy reform in Minnesota.

Today I'm presenting on "Criminal Implications of Cannabis Plus What to Know About Personal Use and Individual Rights" at the Minnesota CLE, 2024 CANNABIS LAW CONFERENCE in Minneapolis. (If you're there, say hello!)

Minnesota Ma*****na Lawyers | Cannabis Laws • Criminal Laws & Defenses Minnesota ma*****na laws, possession, grow, crimes, defenses, tips & traps.. Minnesota ma*****na defense lawyers Thomas Gallagher's guide.

What is the medical necessity defense to a ma*****na charge in Minnesota? The heart of the right to a jury court deciding your case.

Medical Necessity Defense: Ma*****na Charges in Minnesota Medical necessity defense to a ma*****na charge in Minnesota. Minnesota's ma*****na lawyer Thomas Gallagher's guide to the history and use of the defense.

Prosecutors have a general duty of fairness. The prosecutor “may prosecute with earnestness and vigor — indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones.” Berger v. United States, 295 U.S. 78, 88 (1935). The defense attorney, the judge, and the jury can push back.

Criminal Charges Filed | Charging Document • Criminal Complaint Criminal charges in Minnesota. What is a criminal Complaint? Indictment? These are types of charging documents. A traffic ticket is another.

Given the many exonerations of the falsely convicted, do we have enough legal protections for the accused?

How to Assert Your Rights: Protect Yourself from Police in Minnesota How to Assert Your Rights: Protect Yourself from Police. Minneapolis Criminal Attorney Thomas Gallagher's short, easy guide to protecting yourself.

“There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice.” Montesquieu, The Spirit of the Laws, 1748

A false accusation of r**e is itself a crime & makes accomplices of those who say "always believe the accuser" & care little for liberty and justice for all.

S*x Crime Lawyer Minnesota • Best S*x Crime Charge Defense S*x crime lawyer Thomas Gallagher's guide to s*x crime defense in Minnesota. False accusations. Avoiding prison for the guilty. Defenses.

We see the timeless tension between people being willing to punish "the other" for power, entertainment, or fear; vs. people showing concern for the accused and the rights that protect all (or protect none).

Remember the story about Roman Governor Pontius Pilate offering a Passover Pardon to the crowd, and crowd wanting to free a "criminal" instead of political prisoner Jesus?

https://gallagherdefense.com/2020/05/21/trial-jesus-criminal-law-perspective/

Busted? Stay calm. Don't let them rock you off your center. Assert your 5th Amendment right. And call a criminal defense lawyer. Shut up & Lawyer up. My article:

Police Investigation Attorney • Minnesota Criminal Lawyer Police investigation attorney in Minnesota, Thomas Gallagher's guide to your rights. How to protect yourself & when to call a lawyer.

Once upon a time in Minnesota, an expungement restored a person convicted of a crime to full rights of citizenship. But now, *Minnesota* expungement is broken. What can we do to fix it? My article at link, discusses the Minnesota Supreme Court's 2020 gun rights case, Bergman v. Caulk; and recommended reforms to Minnesota ma*****na law.

Civil Rights, Guns & Ma*****na: Minnesota Expungement Broken Civil rights are no longer restored by a "Minnesota expungement." Why expungement is broken & how to fix it: gun rights, ma*****na, voting.