A drug charge can quickly derail your life. It can threaten you with jail or prison, fines, and a criminal record that can haunt you for years. For this reason, if you have been accused of a drug offense then you need to carefully consider you criminal defense options. It may be a situation where developing strong legal arguments is the only way to protect your freedom, your finances, and your reputation.
One defense option is called the drug overdose response immunity. Under the law, there are protections for those who report and seek help for individuals who overdose in that they cannot be prosecuted for certain offenses if specific characteristics can be shown. One way to trigger the immunity is to show that the alleged criminal offense was only discovered because the accused individual transported the overdosed individual to a law enforcement agency or the hospital.
There are other ways to trigger the immunity, too. If a good faith report of an overdose is made to 9-1-1, law enforcement, or a hospital, and the reporter cooperates with law enforcement and medical personnel while remaining on the scene of the overdose, then he or she is immune from prosecution. Even individuals who overdose may be immune from prosecution under certain circumstances.
It is worth noting that only certain crimes are exempted from prosecution, and the burden is on the accused to raise this defense. Those who are unaware of this law and how to use it to their benefit may be taken advantage of by prosecutors. This can result in a conviction that has serious consequences. Therefore, if you or a loved one have been charged with a drug crime and want a full analysis of the criminal defense options at your disposal, then it may be time to speak with a defense attorney of your choosing.