The fallout of online drug sales raises questions

There are likely many people in Minneapolis who have heard the name Silk Road and they know it is not referring to the Central Asian trade route. Silk Road has been an online marketplace in which drug sellers and buyers could transact their business. For the past two years, the FBI has been looking for the individual behind the website and they have finally arrested the man they believe to be responsible. So, what does that mean for Minnesotans?

Well, even if this website was run and operated by the man federal law enforcement officers have arrested, he wasn’t the only one selling and buying contraband substances. Now that he has been arrested, law enforcement may start searching for the individuals with accounts on the website, some of whom may be from Minnesota.

There are, undoubtedly, some people with profiles on Silk Road who joined out of curiosity, not because of a drug habit. The question is, however, will police be able to discriminate between active users and these curious folk? Will they even try? Are individuals who went to Silk Road just to see what their friends were talking about going to be exposed to serious drug charges? As of yet, it remains to be seen.

Fortunately, even if the FBI does start rounding up Minnesotans with profiles on Silk Road, prosecutors will still need to build enough evidence that each individual arrested was involved in the drug trade. If they cannot, there will be no chance of conviction and charges must be dropped. This alone may deter federal law enforcement from trying to bring cases against many people on Silk Road.

Source: Los Angeles Times, “End of Silk Road for drug users as FBI shuts down illicit website,” Stuart Pfeifer, Shan Li and Walter Hamilton, Oct. 2, 2013

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.
People arrested or charged with a crime may wonder, “How long do I have to get a criminal lawyer?” There is no strict deadline to hire a criminal lawyer in Minnesota. However, it’s advisable to hire one immediately if you get arrested, charged, or are under investigation for a crime. Getting legal representation on time protects you from making mistakes that can compromise your case. It also allows your lawyer to build a solid defense strategy that can increase your likelihood of getting a positive outcome from your case.
Continuance is what a court grants to delay proceedings. The parties in a criminal case (the prosecution and defense teams) may agree to a continuance to get more time to prepare for the proceedings. There are many reasons that push your defense lawyer in Minnesota to seek a continuance. A good example is when the other party presents surprise witnesses or evidence, requiring more time to work on a new defense. You can also request a continuance if you want to replace your lawyer, especially if you feel you are not getting sufficient representation.