Horrific story young man’s detention grabs national headlines

There are likely many people in St. Paul who have heard the story of a now-25-year-old man who nearly died while in a federal Drug Enforcement Administration cell. The young man had been arrested as part of a drug raid and was questioned before an officer working with the DEA told him he was not going to be charged. The officer put him in a 5-by-10-foot holding cell, assuring him that he would only be a minute. Instead, the young man spent the next 4 1/2 days in the cell and nearly died.

The federal government’s war on drugs is, without doubt, pervasive. The government frequently partners with Minnesota officers to find people suspected of using drugs and charging them with drug crimes. When stories like these emerge, however, many people question just how dangerous this obsession with fighting drugs is.

For four days, the young man was kept in a cell without any windows, without food and without water. Throughout the ordeal, he remained in handcuffs, and when police officers finally opened his cell, he was suffering from a number of ailments. In addition to being covered in his own feces, he needed medical attention for kidney failure, a perforated esophagus, dehydration and cramps.

This is certainly not how most drug raids happen in Minneapolis, and this should never happen again after the DEA introduced several new rules and regulations. At the same time, something like this could always happen again, especially if the federal government continues to perseverate on prosecuting people for something as little as marijuana possession.

Source: Star Tribune, “US to pay $4 million to San Diego student abandoned in cell for 4 days without food, water,” Alicia A. Caldwell, July 30, 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.