Drug Charges Defense Attorney

Estimated reading time: 13 minutes

Why would anyone need a drug defense attorney?

Things sure have changed. At common law before the 20th Century, drug possession and sale were not crimes. We were free. And our society did not have a drug problem. These laws have an evil history, originating in xenophobia. The government would divide us. And they undermine our personal Liberty, self-determination and personal responsibility.

Even today, government still enforces Prohibition laws in our Minnesota.

What is at stake?

First time charges: People with no prior criminal record, want to avoid a conviction on their record. And that can avoid a big drop in annual income due to pre-employment background checks. But a criminal conviction record can also lead to housing discrimination, loss of civil rights, and lots of other problems.

Prior convictions: But for people facing a long prison sentence; the goal may be to reduce or avoid a jail or prison sentence. So we also may need to consider avoiding “Mandatory Minimum” sentencing statutes, and any presumptive prison commitment under the Minnesota Sentencing Guidelines.

With so much at stake, you need the best drug defense attorney.

Turning things around

Pre-charge: A target of police investigations may be able to retain pre-charge counsel, to help reduce the risk of a charge, or a conviction.

Pending charges: If you are now facing drug charges, a drug defense attorney can protect your rights. We work hard ensuring that when the police investigate, or the government charges you; they respect your rights. These legal rights include appropriate search and seizure, arrest and interrogation, and evidence gathering methods. And your defense attorney can stop prosecutors from using illegal evidence against you at trial.

Types of drug crime cases

Criminal charges in Minnesota may concern marijuana, khat, cocaine, methamphetamine, heroin and other opiates, and prescription drugs. And prosecutors generally claim either knowing possession or illegal sale.

Sale & Possession: Minnesota Statutes Chapter 152 contains most of Minnesota’s drug crimes. It labels most “Controlled Substance Crime” in the First through Fifth degrees. First Degree Controlled Substance crime carries the most severe penalty; Fifth Degree the least.

What makes drug crimes more severe?

What factors in Minnesota drug laws make a criminal punishment more severe if convicted?

• Possession vs. sale
• Identity of substance
• Quantity thresholds; weight
• Location and proximity
• Prior controlled substance convictions
• Mandatory minimum sentence provisions
• State vs. federal court

And so, the prosecution will attempt their burden of showing evidence, to prove each factor, or statutory element. Therefore a drug defense attorney can defend cases on one, or more of these “elements.” The prosecutor has the burden of proving each statutory element with evidence. But if the evidence can support an inference of innocence, the jury must find the accused not-guilty.

Defenses, your drug defense attorney

So, what can we do?

Before trial: Is evidence available that should be gathered or preserved by the defense? We can press the prosecution for full disclosure and pre-trial discovery of their investigation. Some legal defenses can result in a complete defense win, before the trial even begins. But other defenses may succeed in eliminating some of the bad evidence or improving the opportunities for winning a jury trial. And your drug defense attorney can raise these defenses in pretrial motions at an evidentiary hearing or Contested Omnibus Hearing.

Partial defenses: Another category of defenses attacks the more severe charges, often overreaching and exaggerated by the prosecution. So we can ask the judge to dismiss unsupported “charge enhancements” lacking evidence.

Trial defenses: Defenses at trial provide the jury an opportunity to acquit the accused of one or more charges. For example, evidence of criminal intent, knowing possession may be lacking.

Sentencing defenses: And some defenses apply to sentencing mitigation rather than criminal liability. Sentencing entrapment is one example (where police manipulate a larger quantity to get a more serious charge).

Pretrial Motions; Drug Defense Lawyer

Pretrial motions to suppress illegal evidence are ways to take illegal evidence away from the State. So your drug defense attorney will consider pretrial motions to suppress statements and confessions, including:

1. involuntary Statements,
2. unrecorded statements to police, State v Scales, 518 NW2d 587 (Minn. Supreme Court 1994),
3. confessions in violation of Miranda v. Arizona, 384 U.S. 436 (1966), and statements in violation of right to legal counsel.

And your drug defense attorney considers pretrial motions to suppress evidence obtained by illegal search warrant, unlawful arrest, illegal warrantless search (persons, automobiles, homes), and other search and seizure violations.

Trial defenses & issues

Your drug defense attorney identifies and raises trial issues including:

• Lack of Criminal Intent
• Substance Identitication
• Lack of Knowledge of Location or Identity of drugs
• Transitory possession
• Mixture issues (dilute, residual, trace amount)
• Informant Incredibility. Coached, paid, scared – prosecution puppets
• Quantity
• Entrapment & Sentencing-Entrapment – police created conduct
• Knowledge, Dominion and Control
• Jury Nullification – foundational law
• Conspiracy
• Entrapment
• Duress Defense | Complete or Partial

Identity and weight issues: Since the severity of a drug crime is based on (1) whether the substance in question is in fact an illegal drug; and (2) if so, it’s weight or quantity, these are issues where the prosecution can fall short.

“We conclude that random sampling in a case such as this one [seven of 13 packets] is insufficient to establish the total weight required of the mixture containing a controlled substance. The weight of the mixture is an essential element of the offense charged; like every other essential element, it must be proven by the state and proven beyond a reasonable doubt.”

State v. Robinson, 517 NW 2d 336 (Minn. Supreme Court 1994)

More on defenses:

Criminal Defenses in Minnesota.

The Gallagher Criminal Defense difference

When you are facing drug charges, Attorney Thomas Gallagher investigates police search and seizure methods. So, if police found drugs in your car, did they have a legal reason for stopping you, or for searching?

And, if police found controlled substances in your home, did they obtain Search Warrant(s) illegally? Was the search unlawful? But if the officers violated your rights, the evidence against you might not be admissible. See:

Gallagher Gets Large Marijuana Grow Charges Dismissed; Search.

Lawyer Thomas Gallagher knows Minnesota court systems. And this gives you the edge, knowing what strategies work. He will help you identify outcome goals, and every step along the way. And then Attorney Thomas Gallagher will work hard, patiently, until we either achieve the goal, or the fight continues through the court process. He loves the courtroom; and fights tirelessly to defend your rights.

Drug defense attorney experience

Attorney Thomas Gallagher has decades of experience helping people in Minnesota courts, including federal court. Federal prosecutors tend to charge bigger cases, harder drugs, and drug conspiracy cases. So for example, one client faced charges in the largest federal drug conspiracy case in Minnesota history; with more than 60 co-defendants. And the federal prosecutors alleging 50 metric tons of cocaine (about $4 Billion). After a long, tough fight, Gallagher’s client went home, not to prison.

Growing: Marijuana lawyer Thomas Gallagher has represented many people facing marijuana (cannabis) grow charges. He helped some avoid growing charges in the first place. And he has helped others avoid a criminal record of conviction, where there were no prior similar convictions.

Guns: If the investigating officers found guns when they searched and found illegal drugs; you could face additional years in prison. Gallagher has successfully moved the court to dismiss gun enhancements in drug cases. Moreover, most drug crime convictions destroy your civil rights to firearms; for life in the case of a felony, or three years for a non-felony. So you can prevent the loss of civil rights to firearms by avoiding a drug conviction in the first place.

Avoiding immigration problems: If you are a non-citizen; you could suffer serious, immigration law consequences as a result of a drug crime case. And even a legal “Permanent Resident” may face removal and deportation. Gallagher has helped people facing drug charges avoid deportation.

Avoiding prison: Many, unfair “mandatory minimum” sentencing laws push judges into sentencing drug cases unfairly. And they force cruel and unusual prison sentences. Gallagher has helped clients avoid prison, and other to avoid far lengthier sentences.

Forensic science: Minnesota drug defense attorney Thomas Gallagher has experience using experts for forensic analysis of substance identity and quantity. And he studies the science himself.

Moreover, Attorney Thomas Gallagher has experience working cases involving drug crimes investigators, detectives, and multi-jurisdictional drug task forces.

Legal guide: Minnesota drug laws & criminal defense

Drug laws in Minnesota include “statutes” criminalizing possession and sale of some drugs. A crime is intentional conduct, prohibited by a statute, with a specific penalty. But law enforcement officials have discretion whether, when or who to enforce the laws against.

Moreover, these statutes inevitably have gaps and ambiguities. Or they cross the line, violating higher law, the Constitution. So, the courts interpret the statutes. And judges’ written decisions change and limit their effect.

The “Controlled Substance” Paradox: The only truly “controlled” substances are legal. We can effectively regulate legal tobacco, alcohol, and prescription medications because they are legal. But banned substances are available and completely uncontrolled in the underground economy, free of any regulation at all. As a result, teenagers have a difficult time obtaining legal, regulated substances. But they have little difficulty obtaining “prohibited” substances.

Marijuana laws, other drug laws

No crime unless written: Marijuana and drug crimes prosecuted in Minnesota State Court normally are based upon Minnesota Statutes (rarely, local ordinances). And marijuana or cannabis, is still sometimes a crime in Minnesota.

But now we have legal categories, including small amounts, medical marijuana and hemp.

Factors affecting severity of marijuana charges include:

• sale,
• possession, and
• growing.

Guide to:

Marijuana & Cannabis Crimes & Defense in Minnesota.

State Constitution, Statutes, Rules

Minnesota Statutes are available at the Minnesota Legislature’s website. And so are the administrative rules (“Minnesota Rules”) that govern executive branch state agencies. The Minnesota Constitution is there too.

Most criminal drug laws are in Chapter 152 of Minnesota Statutes.

Definitions: Statutes give special meanings to some words. And sometimes statutes define words in a way inconsistent with common meanings. Many Sections of Minnesota Statutes contain definitions that apply to other statutory sections; for example Section 152.01. And we sometimes win cases based on the words of the statutes. This is a type of legal defense.

Fair notice requirement: A basic principle of criminal law is fair notice. So a person is not accountable for violating a criminal law; unless first put on fair notice of what conduct is forbidden. And statutes should give written notice. In drug laws, this means long lists (or “Schedules”) of chemicals described with particularity to put people on fair notice. These include components of cannabis, psilocybin mushrooms, and psychedelics, prescription drugs, methamphetamine, heroin and other opiates.

Overcriminalization: But of course, the idea that normal people actually read statutes, and know what they contain, is a legal fiction. Most people do not know what the statutes say. In fact, we have so many statutes today, a person may not be able to read them all in one lifetime. Yet as some technicality, since they are publicly available, theoretically they could know. But this hope fades with the crushing complexity and enormous quantity of criminal laws; and their arbitrary and discriminatory enforcement.

Felony vs. misdemeanor drug laws

Minnesota Statutes define penalty severity levels. Any crime with a maximum of a year or more prison is a felony. Most Minnesota drug crimes are felonies, but a few are gross misdemeanors or misdemeanors. A crime punishable by 91 to 364 days jail is a gross misdemeanor. A misdemeanor carries a maximum 90 days jail. And a petty misdemeanor is “not a crime” (no jail) but results in a public “conviction” record. One way to see the severity level of the criminal charges is to read the Complaint or other charging document.

Most felony drug crimes are in Sections 152.021 – 152.025, called “Controlled Substance crime in the __ degree,” first through fifth degrees.

Length of probation: In addition to the maximum prison or jail penalty, the offense level affects the maximum length of probation possible:

Minnesota Offense Severity Levels.

Possession of Controlled Substance

Possession of a controlled substance is an example of a Minnesota “possession crime.” Possession can be actual possession; or so-called “constructive” possession (circumstantial evidence).

Criminal possession can be either actual, or “constructive.” Criminal possession requires both:

1. knowledge; and
2. “dominion and control” over contraband.

Defense lawyer Thomas Gallagher has defended every type of Minnesota drug case. For a full discussion of drug possession law, see:

Drug Possession Laws and Defenses in Minnesota.

More felony drug crimes

Simulated Controlled Substances: drug defense attorney

Sale of a Simulated Controlled Substance (fake drugs), Minnesota Statutes §152.097, is a felony crime.

Khat: drug defense attorney

Possession or sale of Cathinone and Khat (or Qat) are now a crime. For a full explanation, see:

Minnesota Khat Attorney.

Collateral Consequences: drug laws

“Collateral Consequences” of criminal cases are often worse than the narrowly defined direct consequences. And direct consequences include prison, jail or fines and other typical conditions of probation. But criminal drug laws also cause many severe “collateral consequences.” Here are some collateral consequences related to criminalized-drug cases.

Asset Forfeitures: drug laws

Theft, by whom? The asset forfeiture laws for drug “crimes” are in the section for “Theft and Related Crimes.” (Minnesota Statutes §§ 609.52 – 609.552). And this is appropriate; since asset forfeiture laws authorize “legalized theft” by police.

Stealing from the poor: The victims of asset forfeiture laws are mostly low-income people, living paycheck to paycheck, with no bank account, carrying cash.

Conflict of Interest: Who benefits? Minnesota drug laws financially motivate government agencies, prosecutors and police to hunt and take assets; rather than reduce violent crime. Minn. Stat. § 609.5315 et seq. They keep the money, as agencies.

For more on forfeiture laws and defense, see:

Minnesota Drug Forfeiture Attorney

No victim, no crime: drug laws

Not all drug users are abusing drugs, even if the drugs are “illegal.” Some are responsible users. But whatever direct harm drug abuse causes, the only real victim of that drug abuse is the abuser himself or herself. And any other harms are indirect. But government claims that indirect harms justify their power to destroy of your liberty.

If governments invent a technical “crime” out of substances like alcohol or marijuana; then these are at least victimless. And if you’re not free to choose when your choice doesn’t directly harm another; are you a free person? We can defend individual, human rights against abuses of state power. But drug prohibition laws have one common theme — government power to destroy individual rights.

Technicalities: Statutes label non-violent as “violent”

Drug Prohibition laws are constructed with a web of lies. And here is another. The statutory definition of “Violent crime” in Minnesota Statutes § 609.1095, includes:

“”Violent crime” means a violation of … any provision of chapter 152 (drugs, controlled substances) punishable by a maximum sentence of 15 years or more.”

Minn. Stat. § 609.1095, Subd. 1 (d)

And, on firearms, Minnesota Statutes § 624.712, subd. 5, defines “Crimes of violence” to include all felony convictions of “chapter 152 (drugs, controlled substances),” triggering a lifetime loss of civil rights. More on:

Civil rights to firearms after a felony conviction.

Orwellian Minnesota Statutes label drug “crimes” violent. And their laws treat people convicted of these “crimes” as if they are violent criminals. But drug crimes are not actually violent, are they? So let’s continue our search for the Truth. Is possessing two kilos of marijuana grown in your basement “violent?” See:

Removing Drugs from Minnesota “Crimes of Violence” Law

More collateral consequences of criminal drug laws

1. Civil rights, lifetime loss
2. Housing, reduced availability, homelessness
3. Employment; Professional & Occupational Licenses
4. Annual Income reduction; reduced child support
5. Parenting rights, family integrity, parentless children
6. Student Financial Aid denial (fed statutes)
7. Health Insurance, premium increases, denials
8. Travel restrictions
9. Criminal Records, public

Call Drug Defense Attorney Thomas Gallagher, 612 333-1500

Minnesota’s drug laws represent a public policy of virtue-signaling and moral blame, not public health. They punish broken people with medical problems. Government uses predatory laws to target the weak.

But you can fight back. You can recover. And you can respect yourself and your family. You can bring in an expert drug laws defense attorney, to help find your way back. And Attorney Thomas Gallagher can bring skills, experience and relentless effort to level the playing field.

We can challenge the government’s case and put it to the test. With thoughtful and persistent effort, winning is possible. After all, since 1988 Gallagher has successfully defended clients facing drug charges. So, can you put his experience to work for you?

Next Steps: If you are facing drug charges, and want a dedicated lawyer on your side; contact Gallagher Criminal Defense. Do you have questions? Minnesota Drug Defense Lawyer Thomas Gallagher’s law office is conveniently located in Uptown Minneapolis. So easy to find, with street parking.

More: Drug Defense Lawyer

Large Marijuana Case on I-94; Gallagher Wins Illegal Search

Removing Drugs from Minnesota “Crimes of Violence” Law

Legalization Drug Policy: Why Legalize?

Unlawful Arrest and Illegal Evidence

Minnesota Crimes & Criminal Laws

Court Process Guide | Criminal Procedure