Is it a crime to drink and drive? No, of course it is not. But some people out there – like MADD people – who appear hellbent on bringing back the Alcohol Prohibition; step by step. Do you know how to best handle a DWI stop in Minnesota? Sure. “Don’t drink and drive,” can prevent a problem. So can… Read More »Countermeasures at a DWI Stop
Do you know your rights? If the innocent truly had nothing to fear, what explains the hundreds of DNA major-crime exonerations to date? Innocence cannot prevent a false allegation. Clearly, we all need education and tools to protect ourselves from police. And that helps avoid a costly criminal record or prison time. So when the… Read More »How to Assert Your Rights: Protect Yourself from Police
Minnesota anti-mask law: Did you know that Minnesota law makes wearing a mask in public a crime? But many today are wearing masks in public to protect from the spread of the COVID-19 virus. And that is a misdemeanor severity-level crime under this Minnesota state criminal law. This law is yet another example of overcriminalization.… Read More »Repeal the Minnesota anti-mask law? We’re all criminals now
We are all doing our part to fight the Coronavirus pandemic. People are staying home as much as possible. And many businesses have changed their operations in response. Recently Minnesota’s Governor put out a stay-at-home advisory. But it makes many practical exceptions, including for any essential business. And Gallagher Criminal Defense is an essential business… Read More »Criminal Defense is an Essential Business: Coronavirus COVID-19 update
The Minnesota Supreme Court, in a 4-3 decision, has ruled that Bong Water was a “mixture” of “25 grams or more.” And this supported a woman’s criminal conviction for first degree Controlled Substance crime. The crime is the most serious felony drug crime in Minnesota. Its maximum penalty is 30 years in prison for a first offense. The case is Minnesota… Read More »Minnesota Court Waters Down Definition of Illegal Drugs – Bong Water
In short, Minnesota’s current law on asset forfeiture (government takes your money): Seizure: The government (police) can take your property at any time if suspicious to them, even if you are innocent. On a practical level, possession may turn out to be 9/10s of the law. Lack of due process: The burden is on you, not… Read More »A Greater Evil: The Moral Peril of Minnesota Asset Forfeiture Laws