Gallagher | Minneapolis Criminal Lawyer · 612-333-1500

 

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Minneapolis Drug Crimes Defense Lawyer


Thomas Gallagher, Minnesota Drug Crime Defense Attorney has over 21 years experience defending marijuana and other drug crimes defense cases in Minnesota state and federal court, in the Twin Cities as well as greater Minnesota.  This page is one of several on Liberty-Lawyer.com devoted to drug crimes defense. See also:
Minnesota Drug Crimes Laws page.
Possession crimes - drugs page.
Marijuana Laws in Minnesota page.
Marijuana Grow Minnesota page.
Medical Marijuana Minnesota page.
Minnesota Asset Forefeiture Laws in Drug Cases page.

Minneapolis drug crime defense attorney Thomas Gallagher is well known of marijuana lawyers and drug attorneys.  For decades Gallagher has publicly advocated drug and marijuana legalization, and has assisted and represented Minnesota and national legalization advocacy organizations and political parties.  Minneapolis Drug Attorney Gallagher has handled every type of drug crime defense case, including large federal drug conspiracy cases, importation, trafficking, distribution, sale, manufacture and simple possession - state and federal.

An experienced Minneapolis drug defense attorney, drugs cases are a significant part of his practice.  In fact, he is considered a drug lawyer by many.  Gallagher has been a sought after attorney for drug trafficking cases. 

In addition to being a drug trafficking attorney in federal court, Gallagher has handled numerous state court, Minnesota controlled substance cases including those involving claimed cannabis (marihuana), cocaine, methamphetamine, MDMA ecstasy, prescription drugs, opium and heroin.  Minneapolis Drug Defense Attorney Gallagher's cases have also included smaller cases, such as marijuana grow cases, felony drug possession, possession of a small amount of marijuana, DWI-marijuana or drugs (driving related), and marijuana in a motor vehicle.

Minnesota Drug Crimes Defense Attorney
Thomas Gallagher, Minnesota Drug Crimes Defense Attorney
Marijuana lawyer Gallagher's cases have included those with every type of so-called "controlled substance" - from plants like marijuana (cannabis) and khat (qat), to pharmaceutical prescription drugs, to "hard" street drugs like cocaine, methamphetamine and heroin. 

Based in the Twin Cities (Mpls, MN) in Hennepin County, known Minneapolis drug crimes defense lawyer Thomas Gallagher has helped people in danger from targeted investigations, Minnesota drug task force targeting, drug raids, search warrant executions, vehicle forfeiture, asset forfeiture, arrest warrants, extradition, bail, pre-trial release, and mandatory minimum sentencing provisions - with pre-charge counsel, assertion of 5th Amendment privilege, right to silence, immunity, advice - and tough, thorough, relentless representation against drug criminal charges.

Types of Drug Crimes Defense Cases
Minneapolis Drug Crime Defense Lawyer Gallagher can foresee the day when drug lawyers like him will no longer need to help people charged with drug crimes.  Until that day comes, he will continue to help people one at a time, as he has for over 21 years in these areas of law:

•   Controlled Substance Crime, First Degree, Second Degree, Third Degree, Fourth Degree, Fifth Degree
•   Federal Drug Conspiracy Cases
•   Importing, Transporting, Trafficking
•   Sale
•   Possession
•   Heroin, other Opiates
•   Prescription Drug Crimes, including Forgery of Prescriptions
•   Cocaine, powder, base, "crack."
•   Pschedelic Drugs, MDMA Ecstacy, LSD, Psilocybin Mushrooms, etc
•   Marijuana Possession, Cannabis Grows
•   Khat (Cathinone), possession, sale
•   Driving-Related; Marijuana in a Motor Vehicle
•  
Small Amount of Marijuana
•   Drug Paraphernalia
•   Pre-Charge Counsel, before or during drug task force, police investigation
•   Search, Seizure, and Arrest Issues


Why is possession of certain drugs made a crime?
Until the 20th Century, 
possession of drugs was not a crime.  The "common law crimes" were things like murder, assault, rape, theft.  Why are certain drugs criminalized, while others are not?  The difference cannot be the potential for harm to the user, can it?  After all, drink too much alcohol and you will die of overdose.  But no it is physically impossible for a human being to die from using marijuana.  There is no toxic dose or overdose possibility.


Abraham Lincoln, Great Criminal Defense Lawyer and Rebublican President - Photo of Lincoln Standing
Abraham Lincoln, Great Criminal Defense Lawyer and Republican President
If a person is harming self with drug abuse, there are civil commitment laws which can be used to force the person to get medical help to treat it.  Many today who want chemical dependency treatment cannot get it because the funding is lacking.  Why then, is there full funding for prisons - prisons brimming with "non-violent" drug offenders?  (Is there any other kind?)
"Prohibition ... goes beyond the bounds of reason in that it attempts to control a man's appetite by legislation and makes a crime out of things that are not crimes ... A prohibition law strikes a blow at the very principles upon which our government was founded."

 Abraham Lincoln, 1840

Some say, "yes, the drug crime laws may not reduce the problem of drug abuse, but at least they send a message of disapproval."  To that we say, "Which would you rather do, offer impotent symbolism or actually help suffering people?  Decriminalizing illegal drugs would reduce, not increase the rate of use and abuse.  For example, in Holland where marijuana is decriminalized, the marijuana usage rate is half what it is in the United States, where it is not."

Why is the usage rate lower, where it is legal?
Here, at different times: 
Look at the alcohol Prohibition in the U.S. - before, during and after. 

Now, in different countries:  Look at the current marijuana prohibition in the United States vs. Holland (The Netherlands).

The evidence is consistent and clear:  When the substance (alcohol, marijuana, etc.) is "legal" (not treated as a crime), per capita usage rates are lower.  What could explain this?

Nobel Prize winning, conservative economist Milton Friedman explains it. 
The reason is economics - the law of supply and demand.  As criminal enforcement increases while demand remains constant, first price increases.  (Ironically, government officials have cited price increase as evidence of "winning the drug war.") 

As price increases in the underground, free, Black Market; the incentive to produce Supply also increases.  For addictive drugs, such as heroin, the increase in supply can also increase demand over time. 

In the end, increased criminal law enforcement results in higher price, greater incentive to the Black Market, increased supply, and then greater demand and usage rates.  And the cycle repeats.  That's why usage rate is higher per capita where criminal law enforcement is used to repress supply (criminal possession and sale laws). 

Harm reduction - the solution that works.
To reduce harms caused by drug abuse, the drugs of potential abuse should be (a) decriminalized; (b) either distributed like tobacco or alcohol (as in the case of marijuana) or like prescription drugs (as in the case of addictive drugs like heroin); and (c) with billions saved from counterproductive criminal law enforcement, and with billions generated in tax receipts for the government, provide free chemical dependency education and treatment to all comers; and reduce income, property and sales taxes.


Milton Friedman, Nobel Prize Winning Economist
Milton Friedman, Nobel Prize Winning Economist
"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



Defending Liberty, Justice, and the American Way - by using the Supreme Law of the Land in self-defense.
For people with no prior record, often the goal becomes to keep the record as clean as possible, and qualified for "expungement" later.  For those with priors, avoiding or minimizing jail or prison time is often key.  Mandatory minimum sentencing statutes and severe Minnesota Sentencing Guidelines must be considered, and defended against. 

Pretrial motions to suppress evidence illegally obtained by police is of vital importance in drug cases.  The most common of these include:

•  Motions to Suppress Coerced or Involuntary Statements and Confessions

•  Motions to Suppress Statements and Confessions in Violation of Miranda v. Arizona, 384 U.S. 436 (1966)

•  Motions to Suppress Statements and Confessions in Violation of State v Scales, 518 N.W.2d 587 (Minn. 1994) (police recording)

•  Motions to Suppress Statements and Confessions in Violation of Right to Legal Counsel

•  Motions to Supress Evidence Obtained by an Illegal Search Warrant

•  Motions to Supress Evidence Obtained by an Illegal Warrantless Search, including persons, bodily fluids, cavity searches, automobiles, homes, buildings, containers


Marijuana lawyer, MN drug defense attorney Thomas C Gallagher has been successfully defending people from drug-related criminal charges, and related quasi-criminal matters (i.e. forfeitures, etc) in Minnesota for over 20 years.  Gallagher has experience using defense experts to analyze forensic  evidence of alleged drug identity and quantity, as well as working cases involving drug crimes investigators, detectives, and multi-jurisdictional drug task forces. 

Give Gallagher a call to make an appointment to discuss your criminal law matter, up to one-half hour free consultation.  612-333-1500.


William F. Buckley
William F. Buckley
"Marijuana never kicks down your door in the middle of the night. Marijuana never locks up sick and dying people, does not suppress medical research, does not peek in bedroom windows. Even if one takes every reefer madness allegation of the prohibitionists at face value, marijuana prohibition has done far more harm to far more people than marijuana ever could."

William F. Buckley, Jr. (1925-2008)
American author and journalist, founded 'National Review'


State Marijuana Penalties

© 2009 Thomas C Gallagher, Attorney, 310 Fourth Avenue South, Suite 8000, Minneapolis Minnesota  55415

Call:  612-333-1500 to Inquire About a Free In-Office Case Evaluation (up to one-half hour).

Nothing on this website is legal advice. Only a lawyer fully informed about the facts of your potential case, after research of relevant law, can be in a position to give legal advice. Information here is for general information.

Serving The People of the local Mpls - St Paul Twin Cities metropolitan area in Hennepin County, Ramsey County, Anoka, Wright, Carver, Scott, Dakota, and Washington Counties (greater Minnesota only upon special consideration).

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