Gallagher Criminal Defense

05/19/2026

If government tells you that some conduct is lawful, then prescutes you criminally for engaging in that conduct, you have the right to raise this as a defense to the criminal charge. More in my new article:

Reliance on a government statement that conduct is permitted is a defense to prosecution. Governmental estoppel. Entrapment by estoppel.

05/09/2026

Just got back from beautiful Fargo, North Dakota, where I presented on my topic "Persuasion and Voir Dire with Jurors' at the North Dakota Association for Justice annual seminar. Great fun and wonderful people!

The jury trial process explained by Criminal Jury Trial Attorney Thomas Gallagher. Explore the law and procedures required for a fair trial.

05/08/2026

Minnesota justices question reach of gun ban for those deemed ‘mental defective’
One justice worried a Minnesota county's interpretation of federal law effectively creates a lifetime gun ban for people who do everything the system asks of them.

One justice worried a Minnesota county's interpretation of federal law effectively creates a lifetime gun ban for people who do everything the system asks of them.

05/01/2026

Second Circuit panel of three appellate judges hotly debated New York City’s self-defense law in the context of Jose Alba, a bodega employee who fatally stabbed a customer in the neck in 2022.

Jose Alba, a bodega employee who fatally stabbed a customer in the neck in 2022, is looking to revive claims of malicious prosecution and false arrest.

04/28/2026

Facebook's software algorithm still has a hard time distinguishing a lawyer's discussion of criminal law topics, from censored criminal conduct.

Maybe one day AI will help them do a better job with that? After all, we all want to follow the law, even fb?

04/27/2026

Minnesota’s ban on switchblades faced a test in federal court Friday, as a prominent knife advocacy group argued the ban is void under the Second Amendment. Knife Rights points out that switchblades qualify as 'arms,' are constitutionally protected.

Minnesota is one of a handful of states still trying to hold on to long-existing bans against possessing switchblades.

04/27/2026

Would you like to tell the government: "Ain't nobody's business if I do?" My article:

Learn how to drop a no contact order in Minnesota, whether it's a civil or criminal case. Take back control over your life.

04/20/2026

Today is 420. But we're not there yet. Prohibition is a set of criminal laws making possession a crime. For my current situation report on today's cannabis crimes in Minnesota to watch out for, see:

Facing cannabis charges? Learn how ma*****na defense attorney Thomas Gallagher, expert ma*****na lawyer, can help you, defenses.

04/16/2026

Minnesota Supreme Court rules gov violated the Minnesota Constitution with a geofence warrant intruding on cell phone users' reasonable expectation of privacy in their location data stored by Google.

State of Minnesota v. Contreras-Sanchez.
Link to case:

04/15/2026

In confrontations, asserting dominance may deter predators who act with intention. And escalation can be the best self-defense tactic, rather than de-escalation. Retreat can be a fatal mistake. My article:

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

04/10/2026

If you are not driving in Minnesota you do not need to identify yourself (or age or carry ID) to police, unless they have probable cause for a crime. Curiosity is not enough to require ID. If you are stopped by a police officer you have the RIGHT TO REMAIN SILENT and not consent to SEARCHES.

Underage consumption? Don't blow it. My article: No need to blow into a PBT if not driving.

Underage Consumption. Can a Minor Refuse a Breath Test in Minnesota? Underage drinking laws by Lawyer Thomas Gallagher. Minor consumption.