Peace Officer, Physician or Hospital Emergency, Statutory, 72-Hour Hold
To understand detox release, you need to understand a bit of the law.
Minnesota Statutes Chapter 253B.05 provides legal authority for a police officer, physician or hospital hold. They can hold a person against their will, without a court order for a limited time; based upon claims of chemical health or mental health emergency.
72 hour hold law: chemical health
The most common are 72 hour mental health emergency (hospital) holds and 72 hour chemical health (Detox) holds.
Mostly, people end up in Detox after a police contact. Sometimes a DWI stop gets the ball rolling, But most Detox admissions by police do not involve vehicles or driving.
When police encounter a dangerously intoxicated person, they bring the person to Detox.
Alcohol is the drug that leads to most detox admissions. But a few are related to medical issues from other drugs.
Police bring a person to a locked Detox facility: Problem
Some police officers abuse this law, when a person offends them. Yet police should not bring a person to detox except for medical reasons only.
Some police officers upset with an arrested person, will put that person into detox as revenge. Why?
Getting out of detox in less than three days is more difficult than getting out of jail.
Other circumstances can also lead to an illegal hold in a detox center or a hospital. For example, attempted illegal serial statutory holds (72 hours + 72 hours …) are illegal.
These abuses are expensive and a scandalous waste of taxpayer dollars and public healthcare resources.
A judge can Order a healthy person released
Detox release before the 72-hour hold expires generally requires a judge’s Court Order.
Judges won’t sign that Release Order unless the patient is medically stable, according to the Detox medical staff. After all, if the patient is medically stable then Detox lock up is medically unnecessary.
Detox Release Attorney: Solution
You could wait it out. Or, you can hire a lawyer to try to convince a judge to sign a Detox Release Order.
But a judge won’t; unless the vital signs of the person are adequate to remove any medical emergency.
Even if drunk at admission, the next day they may be sober. The Detox Center can use a breath test machine to test for alcohol levels. If sober with no withdrawal symptoms, the person is not a medical emergency. If so, there should be no medical reason detain or incarcerate the person.
Is it worth the cost?
The cost of hiring a lawyer and paying court civil filing fees is not cheap.
Is it worth it just to get a release a day or two sooner? That is for each person to decide. And, there is no guarantee that it will even work.
Minneapolis Defense Attorney Thomas Gallagher
Thomas C Gallagher, of GALLAGHER CRIMINAL DEFENSE, has handled many detox release cases. Begin with a phone call. A person held against their will in a hospital or detox center can call a lawyer.
Because 72-hours is three days, time is of the essence in these cases. Especially since it takes the better part of a day,or longer, for a lawyer to:
- meet with the client,
- do the investigation work,
- prepare and file documents,
- meet with the judge, and hopefully,
- deliver the release Order to the Detox Center.
As a result, Gallagher might not be able to help on any given day due to scheduling conflicts. Call to ask.
Although these cases can be challenging, Gallagher has been fortunate and successful for many clients over the years.
Do you need help with a detox release petition, habeas corpus remedy, or release from a 72 hour emergency hold? You can call Defense Attorney Thomas Gallagher at 612 333-1500.