How to Defend Drug Charges Following an Overdose

If you suffered a drug overdose, you know that you are thanking your lucky stars. Taking too much of a substance or taking a substance that has an unknown ingredient can produce severe symptoms and even result in death. While you may have survived the ordeal, you may now find yourself facing criminal charges. You might face charges for possession of a controlled substance, possession of paraphernalia, and more. Whenever you have been charged with a crime, it is best to seek legal help from a qualified Brevard County criminal defense attorney.

What is Immunity From Drug Prosecution?

Florida has enacted an immunity statute that protects people from drug prosecutions under some circumstances. Florida Statute 893.21 grants immunity from prosecution for situations in which medical treatment was sought for a drug overdose. When the police find drugs and drug paraphernalia at the time of the overdose treatment, the person may not necessarily be charged with drug offenses. The law is in place to support and protect people who report medical drug overdose emergencies. It is designed to make it easier for people to request assistance for drug-related medical emergencies in order to save lives.

Specifically, the law states that “a person acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose may not be charged, prosecuted, or penalized for possession of a controlled substance if the evidence for possession was obtained as a result of the person’s seeking medical assistance.”

The law further states that “a person who experiences a drug-related overdose and is in need of medical assistance, may not be charged, prosecuted, or penalized …if the evidence for possession of a controlled substance was obtained as a result of the overdose and need for medical assistance.”

Evidence in Drug-Related Charges

The law indicates that the police cannot charge you with a drug crime because of evidence they find as a result of the overdose. For example, if you are experiencing a drug overdose, the police and medics will arrive and administer first aid. The police may empty your pockets and they might attempt to try to determine what type of drugs you took. The police cannot use the drugs and paraphernalia they find to charge you with a drug crime. In this example, the evidence was not obtained in a legal manner and therefore, it must be excluded from the case. Without the evidence, the prosecutor will have a weak case at best. You should not have been charged.

A knowledgeable Brevard County criminal defense attorney will review the details of the case and work to get the charges dropped. The evidence should not be used in your case and must be excluded from the prosecution. In these instances, your attorney will negotiate with the prosecutor to resolve the situation in your best interest. You need to have an attorney with knowledge and experience handling these types of cases.

If you were wrongfully charged with a drug crime, contact Henderson Legal Group for a free case consultation today.

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