Considering what is at stake, is it important to have an experienced sex crimes lawyer, like Gallagher, putting forward the defense case? Gallagher has experience as a Minnesota sexual assault lawyer, a rape defense attorney, child abuse attorney, prostitution attorney, as well as cases involving Minnesota and Federal child porn charges, internet sex crimes, Minnesota criminal sexual conduct (crim sex) charges, and every type of Minnesota criminal sexual conduct case. Gallagher is proud to be a sex crimes defense attorney, defending people accused of sex crime, because there so much at stake, typically based upon little or no direct evidence.
Sex crimes carry the most severe consequences, but are routinely prosecuted with the least reliable evidence of any type of crime. Why? Traditionally, prosecutors would charge "the most serious, provable offense" based upon the evidence they thought they had. In recent years, they have largely discarded the "provable" threshold.
Minneapolis Sex Crimes Lawyer Thomas Gallagher 612-333-1500
Now, prosecutors tend to be so aggressively competitive, that they look for arguable inferences of guilt - not innocence, not the truth, not justice. This, combined with slip-shod, low quality police investigations has resulted in a large number of cases based solely upon accusations.
Accused of a Sex Crime? Call Gallagher: 612-333-1500
Children Can and Do Lie Do children lie? Yes - of course they do sometimes lie. History has proven that children sometimes lie, to police and in court, often under the influence of adults in their life. Do adults lie, claiming to be "victims" when in fact they are not? Or misdirect blame to an innocent party? History has proven that they sometimes do. It's happened many times.
Whether a person, regardless of age, tells a story about the past, we are right to wonder "Is this person a good historian? What biases filters this person's report? What subjective perspectives? What agendas? Who stands to gain; and what?
The prosecution often seeks to shift the Constitutional requirement that the government shoulder the burden of proving - showing with evidence - guilt, by asking:"Why would they lie?" A better question: "Why should we believe such a grave accusation from this person?"
When someone makes a false allegation against you, youknow that it is a false claim, but can you know why the accuser lies - their state of mind, their motives? You may have suspicions about why they are lying - where there is a history of conflict, for example - but not always. Would it be fair to place a burden upon you to explain or the motives of the person telling lies about you - to prove your innocence?
And of course people can be poor reporter of historical events without lying. People often believe what they are saying is true, though it may not be.
Why Do Accusers Lie? Well accusers do lie - but why do they lie? If you lived long enough someone has probably told a lie or two about you, right? Sometimes you can guess why, or believe you "know" why the liar is doing it. To feel powerful? To get even? To please a parent? When they really believe it themselves, but are not reporting history accurately?
Has someone ever told a lie about you, when it appeared that the accuser actually believed the false statements they were uttering? When the accuser has come to believe the false story themselves, are they more likely or less likely to look like they are lying?
The answer may have more to do with the accuserthan the accused or any relationship between them. It could be rooted in the accuser's hatred, mental health, or cognitive issues of perception, memory or judgment - even "coaching" of allegations, as in many high-profile cases of false accusations.
The real question is "Where is the proof?" Accusations can be easily uttered. Anyone can point a finger, and there are rewards given for doing so. At common law, even in Biblical times, no person could be convicted of a crime based upon mere accusations without corroboration, without real evidence.
"Evidence?" A Pointing Finger at the Witch Trials in Massachusetts sent dozens of innocent people to the Gallows and their deaths.
Recent cases where falsely convicted people have been unequivocally exonerated by DNA evidence show us how fragile the police and courts are, how easily they have been deceived by false allegations.
The presumption of innocence; holding the government to its burden of producing real evidence; resolving any plausible doubt in favor of the person targeted by the government; the right to legal counsel of your choice; and other Constitutional laws protecting the accused must be respected and enforced by every juror and every person - in order to protect everyone's Liberty and Freedom from injustice.
"An Army of Devils is horribly broke in upon Salem which is the center, and, after a sort, the first born of our English settlements, and the houses of the good people there are filled with the doleful shrieks of their Children and Servants, Tormented by Invisible Hands, with Torture altogether Preternatural." - CottonMather, Prosecutor of Accused Witches
"Better that ten suspected witches should escape than one innocent person be condemned." - IncreaseMather (father of Cotton Mather), in a 1692 sermon that lead to the end of the Witch Trials.
Sex crimes lawyer, defense & related: · Minnesota Criminal Sexual Conduct: - First Degree, Second Degree, Third Degree, Fourth Degree, Fifth Degree · Sexual Assault defense, rape case defense · Statutory Rape (With Consent, but claimed underage partner) · Sex Crime Defense, sex crime charges, felony sex crimes, misdemeanor sex charges · Child Sexual Abuse claims (criminal), child abuse cases, claims of molestation defense · Internet-Based Sex Crimes: - Solicitation of Sex with Underage Person, "Adam Walsh Act" · Computer-based evidence · Computer crimes, computer sex crimes, web crimes, child porn defense cases · Child Pornography (Child Porn) · Sodomy and Gay-targeted crimes · Prostitution charges - customer and provider · Solicitation · Indecent Exposure · Federal Court and State Sex Crimes Cases · Pre-Charge Counsel, during investigation, targeting by police · Witness Representation · Search and Seizure issues · Evidentiary issues, chain of custody, admissibility
Early in his career Minneapolis sex crime Defense Attorney Thomas C Gallagher began working in this field on one of the high-profile Scott County Sex Abuse scandal cases in the 1980s. An innocent woman's children were taken from her for years; she was criminally prosecuted by the authorities for child sex abuse - based on what later were believed to be false allegations by a guilty man designed to sabotage his criminal prosecution, via shocking claims against neighbors.
Social workers, police officers, and prosecuting attorneys interviewed children, suggested sexual conduct, and influenced them to make or endorse false, fantastic allegations. Sex cases are particularly susceptible to both intentional and accidental injustices of monumental proportions. The children were returned to their mother only years later, after all charges were dropped - but their lives will never be the same. They were permanently damaged by incompetent police, prosecutors and government. Unfortunately, this case was not an aberration. The authorities still file false charges, based upon unreliable interviews of children. Gallagher has handled numerous similar cases over his 29 years as a Minneapolis sex crimes lawyer.
Thomas Paine, Signer of The Declaration of Independence
The sooner you can get a criminal defense lawyer's help in one of these situations, the better. Once an accusation has been made, a good lawyer like Gallagher can help the person accused:
"He that would make his own liberty secure must guard even his enemy from oppression." - Thomas Paine
1. avoid providing evidence police can misconstrue or distort into evidence of guilt; 2. provide counsel about any requested police interviews or searches; 3. plan and manage an investigation to refute or disprove false claims; in certain cases; 4. develop information and evidence to help persuade authorities not to file charges.
If charges have already been filed, it is still important to get the best legal help you can, as soon as you can - given how much is at stake in these cases. Much harm can be prevented by having good legal counsel and representation as soon as possible. It is never too soon to protect yourself from a false charge. A good legal defense requires time to prepare.
Sex crime defense attorney Thomas C Gallagher has been successfully defending people from sex-related criminal charges for over 29 years.
Gallagher, a criminal lawyer in Minneapolis, has experience using defense experts to analyze forensic computer-based evidence, child porn evidence, sex offender psychological profiles, accuser psychological profiles, polygraphs, as well as working cases involving sex crimes investigators, detectives, computer and sex crimes task forces, and the FBI.
Give him a call to discuss your criminal law matter. 612-333-1500.
DNA statistical evidence can't prove identity, can only prove lack of identity
Call Thomas Gallagher for a Thorough, Aggressive Criminal Defense | 612-333-1500
Serving The People of the local Mpls - St PaulTwin Cities metropolitan area in Hennepin County, Ramsey County, Anoka, Sherburne, Wright, Carver, Scott, Dakota, and Washington Counties (greater Minnesota only upon special consideration).