Limitations to Drug Overdose Response Immunity

| Aug 31, 2020 | Criminal Defense

In 2014, the Pennsylvania state legislature passed a law stating that an individual who is experiencing a drug overdose cannot be charged criminally for any drugs that are found in his possession. Now there are some limitations to this law which is titled Drug Overdose Response Immunity. This law allows a person who overdoses to call law enforcement for help, without being charged. It is extremely important for people to know about this law and the criteria of this law, to understand that you can report an overdose, without being prosecuted. The thought process behind this law is the state legislatures wanted to make sure that people experiencing an overdose wouldn’t be frightened to contact 911 for help out of fear of being later charged with a crime. Specifically, the statute states that if law enforcement only became aware of the overdose or of any other criminal offence because of the overdose being reported; you cannot be charged for contacting 911 or the police. You also cannot be charged, if you gave the information to a law enforcement agency (reported it, name/location, and stayed with the person experiencing overdose).

At Bellwoar Kelly, LLP our criminal defense drug attorneys know that any sort of drug charge on your record can affect you tremendously in various ways. If you are being charged for any type of drug charge, it is important to have a lawyer that has the experience in handling sophisticated drug cases. Our Chester county criminal lawyers have handled thousands of drug cases from start to finish. At Bellwoar Kelly, LLP, our attorneys are former prosecutors as well. When you have an attorney that knows how the other side thinks, it can be an advantage for you. If you need an attorney, call your criminal defense attorney today to schedule a free consultation!

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