Pre-Charge Attorney | Availability

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“Should I retain a Pre-Charge Attorney?”

You have the Constitutional Right to a lawyer. And your right to a pre-charge attorney, or witness attorney is a valuable protection. You may wish to exercise this right to put a criminal defense attorney on an availability retainer due to:

1. concerns about exposure to criminal liability
2. police contacts as a person of interest
3. target letter from a federal prosecutor
4. police or prosecutors want you to be a witness
5. prosecutors label you a victim but won’t listen

Those are common situations where you may want to retain a pre-charge attorney, or a witness attorney.

“Don’t let their agenda, ruin your life. They may cast you into the role of victim, witness, or suspect. But you have the right to legal counsel. Know your rights. And stand up for yourself, your future and your family. If you don’t, who will?”

Attorney Thomas Gallagher

Timing: Pre-Charge Lawyer

Typically police officers investigating a possible case create a false sense of urgency. Police do this not only for their convenience, but also to disadvantage the target with surprise. Because the shock increases the chance of a waiver of rights (e.g., to silence, to not consent to a search).

Sure, law enforcement officers have a job to do. But they may have an agenda; and their job may be to hurt you — even when you are innocent. So, that’s enough to tell you that what helps them, hurts you. And you will feel pressured, so listen to your gut. It’s telling you to slow down, shut up. Assert your rights. Consult a lawyer first. Because a pre-charge attorney can protect you.

Even before any police contact, sometimes people suspect that law enforcement may be targeting them in an investigation. But in either situation, the target of the investigation should consult a criminal defense lawyer. So for the best protection, consider consulting or retaining a pre-charge attorney.

Witness Representation

Have you heard news reports about witnesses being unwilling to call police or give a statement? And did you ever wonder why? Could merely being there – mere presence – be enough evidence for a prosecutor to accuse an innocent person? The fear is real, not imagined.

Actual innocence has not been enough to prevent just this kind of injustice. After all, the United States has the highest per capita incarceration rate in the world. Unfortunately, prosecutors sometimes charge persons who report crimes or give witness statements with a crime, even though innocent. They sometimes even charge crime victims. See, e.g.:

Self-Defense Laws in Minnesota.

Sometimes prosecutors wrongly charge a percipient witness with a crime. After all, just being there can give a prosecutor an opportunity to spin a story of guilt. And that may be reason enough to retain a pre-charge attorney for protection from overzealous prosecutors.

A person could have other reasons for not wanting to give a statement or cooperate with police. So one example of this can be the police investigation and criminal prosecution of a loved one. Or, you could have concerns about immigration law consequences.

Does a witness have legal rights? Yes. Like most legal rights, however, you must assert them. A good witness attorney can help shield you. So we can protect you from the tricks, lies and pressure that police sometimes use to get statements. And we can guard you against those methods prosecutors sometimes use to force “cooperation.”

Ancient, common law evidentiary privileges, like the spousal privilege, can provide legal protection to the non-cooperating witness. And a witness attorney can help a witness assert these and other legal rights.

When it comes to witness immunity deals, there are many kinds. Some are strong. But others are weak. And an experienced witness attorney can protect the witness’s interests. Other times, a witness does not want to testify for whatever reason. So, a witness attorney can help.

Pre-Charge Attorney Thomas Gallagher has represented many witnesses over the years. And he has represented witnesses in cases ranging from murder to misdemeanors. And the client’s goal is paramount.

What does a crime witness attorney do? The lawyer is not representing the person currently charged with a crime. Rather, the lawyer counsels, advises and may represent the witness.

A witness attorney can have more impact where a prosecutor has not yet prepared or filed a criminal Complaint. So the sooner in the process a witness or a police-target obtains legal counsel, the better.

Experience on your side: Thomas Gallagher has over three decades experience as a Minneapolis criminal lawyer, providing legal counsel and representation as a:

1. Witness Attorney
2. Pre-Charge Investigations Attorney
3. Grand Jury Witness Attorney
4. Police Interrogation Counsel
5. Immunity Lawyer

And if police believe that a witness is physically interfering with an arrest, criminal charges could result:

Obstruction & Resisting Arrest in Minnesota.

Victim – Witness Attorney

Why a witness attorney? A person hurt by a criminal act, is a crime victim. But to call a witness “a victim” during a trial is unfair to the defendant. After all, the premise of a trial is that the defendant is innocent, and to test prosecution evidence for reasonable doubt. But the “victim” label is an unfair conclusion that presumes guilt without evidence.

The label is also troublesome because few want to play the role of victim; and for good reason. Yet, despite the labeling issues, prosecutors like to call the once complaining witness a “victim.” But frequently that person feels like a victim of the prosecuting attorney.

Because sometimes the witness wants the charges dismissed, and, the No Contact Order dropped. See:

How to Drop a No Contact Order

But the prosecutor may not listen. Instead the prosecutor may manipulate and threaten the witness to secure “cooperation.” This is common in domestic criminal cases.

In domestic cases, prosecutors often pose as advocates of crime victims, a type of witness. But when a crime victim wants something the prosecutor doesn’t, things get frosty fast. And that conflict of interest happens within an imbalance of a power. But a witness attorney can help rebalance that power. We can cite Minnesota’s victims’ rights statute. And a Witness Attorney can help to — finally — make their voice heard.

Legal Counsel: pre-charge attorney

Criminal lawyers providing “pre-charge counsel” advise people who are not currently facing criminal charges, but have a concern that they might be in the future. The goal in retaining a pre-charge investigations attorney is to reduce the risk of future criminal charges; and secondarily, to reduce or avoid the possibility of conviction if charged.

Knowing police investigatory practices and countermeasures can make the difference between a prosecutor later charging a crime, or not. And experience with prosecutors means knowledge about what makes a case more or less attractive to them for charging.

See: Do I Need a Criminal Lawyer? A deep understanding of police and prosecutor practice is invaluable.

Past and future: In general, we do this in two ways. We increase client awareness of, and compliance with, the law in the present and future. And, we avoid helping the government get evidence of past events via future searches, seizures and witness statements.

For example, what if they accuse you of a sex crime you did not commit. Police want a statement. So what should you do? Retain a pre-charge investigations attorney before making a decision that could destroy you. And remember, the innocent have the most to lose by talking to police. People who have a pre-charge investigations attorney can reduce the chance of criminal charges, and improve future outcomes.

Grand Jury Witness Attorney

Most people are aware of what juries do in criminal jury trials. Juries decide the facts and apply the law consistent with their moral code. The jurors act upon available evidence and their sense of right and wrong. We call that kind of jury a “Petite Jury” (small jury, compared to a grand jury with more jurors).

Originally a limit on government power, a “Grand Jury” in modern times has devolved into a passive tool of the prosecutor. The prosecutor uses the grand jury to subpoena witnesses and evidence; and to request an Indictment charging a crime, ex parte.

But the Grand Jurors don’t get to hear from defense witness, nor a defense lawyer. A witness testifying to a Grand Jury may later face criminal indictment as a result of their own testimony. That person may or may not have been assured at the time that they were “not a target.”

Do you have rights as a Grand Jury witness? Yes. Seek help from a good criminal witness attorney, before testifying.

Target Letter: U.S. Attorney’s Office

Did you receive a “Target Letter” from the United States Attorney’s Office? The target letter lets you know that you are the target of a federal criminal investigation. And this usually means no pending federal charges yet; but there soon may be. What should a person do upon receiving such a letter? Retain a criminal defense lawyer for pre-charge investigation attorney counsel.

The federal prosecutor may be open to negotiating prior to charging. And the “target” may wish to explore, through their lawyer. Or, the “target” may choose to hunker down and prepare for what may come. But either way, events can move fast. So “the target” may want to retain a lawyer.

Police Questioning Counsel

Silence never lies: Do not lie. Do not say anything. A police officer, investigator, or government employee cannot compel you to answer questions in most situations. And (hint) you have the right to consult a lawyer before saying a thing to them.

False sense of urgency: The truth does not change over time. Any statements or words you could give police today; you could provide at a later date, after consulting your lawyer. If you refuse, what can they do about it? In the employment law context, there may be situations where refusal to answer questions could justify disciplinary action.

But in a criminal law context, you can refuse to answer. And you can refuse to answer, especially if any risk of their using it against you exists. Moreover, you have the right to have legal counsel present, first.

The reality is that people do not know how their words could be used against them. And police exploit that ignorance. So even if police tell you that you are “just a witness,” it could be a trick. But a good witness attorney can help protect you.

Immunity Lawyer (witness attorney)

Fifth Amendment: A witness may assert their Fifth Amendment Privilege, and refuse to testify. And if so, the prosecutor may respond with an offer of immunity.

But there are several different varieties of immunity, from weak to strong. And, immunity granted in one jurisdiction is not binding upon another, e.g., international, federal, different states, tribal court.

But a witness can assert their Fifth Amendment Privilege. And a witness can refuse to testify if they have any exposure to criminal prosecution, in any jurisdiction. This includes perjury or previous false statement charges.

Question? Call Attorney Thomas Gallagher, 612 333-1500

So a good criminal lawyer can help assert the witness’s rights. And we can help the witness avoid testifying, or get the most complete immunity. Thomas Gallagher has represented many clients as a pre-charge investigations attorney and witness attorney. And he has since 1988 – including murder and serious felony cases in Minnesota.

Sometimes a lawyer retained pre-charge may represent the client with police or prosecutors in Minnesota. This could include intervening to prevent interrogation; representation at an agreed recorded statement to police after an in-depth attorney consultation; or a pre-charge proffer discussion with prosecutors.

In the event of an arrest and jail, the pre-charge attorney you retain will be ready. So he can counsel and advocate for jail release; including at a bail hearing in front of a District Court judge.

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