The questions asked of you should be those necessary to understand and avert the medical emergency. Prior or Independent Evidence of "Immunity Crimes": If police obtain information about one of the immunity crimes before the overdose, or in a manner independent of the reported overdose, All "Non-Immunity" Crimes: May include tampering with physical evidence for those who attempt to discard evidence, Delivery or Distribution of a Controlled Substance: (i.e. 780-113.7 and is titled Drug Overdose Response Immunity. There are always defenses, and the best criminal defense lawyers will vigorously challenge every piece of evidence that the prosecutor presents. window.mc4wp = window.mc4wp || { The reporting person has a reasonable, good faith belief that another is suffering from an overdose, and, Under Section 13.7(c), "persons experiencing drug overdose events may not be charged and shall be immune from prosecution as provided in subsection (b) if a person who transported or reported and remained with them may not be charged and is entitled to immunity under this section.". } The prohibition on charging or prosecution applies to the filing of new criminal charges that are named in the law and include possession of drugs or drug paraphernalia, as well as the filing of probation and parole violations. The law also provides that a person experiencing a drug overdose cannot be criminally charged and shall be immune from prosecution if the person who assisted them qualifies for immunity in one of the two instances listed above. This article is not legal advice and is provided for informational purposes only. Former Criminal Prosecutor | Pittsburgh Criminal Defense Attorney & DUI Lawyer | Call 412-447-5580. If an overdose is fatal, the surviving members of the victim's family may file a wrongful death claim. Reports the overdose to 911, a member of law enforcement, a member of campus police, or emergency services personnel; Cooperates with members of law enforcement and medical personnel; and. For example, if heroin is found as a result of a reported overdose, the reporting and overdosing person may not be prosecuted, but the evidence can be used to prosecute their drug dealer. All Rights Reserved. The viewing and/or receipt of information on this website is not intended to create, nor does it create, an attorney-client relationship in any state or jurisdiction. These questions aren't designed to avert a medical emergency, but to hold someone criminally responsible. Police only became aware of the drug offense because the reporting person transported the overdosing person to a healthcare facility, campus police or law enforcement agency; OR, 2. Remains with the overdosing person until members of law enforcement or medical personnel arrive. The impact of the opioid crisis continues to be devastating to individuals, families and communities. Pennsylvania’s version of the “Good Samaritan” or drug overdose immunity law is intended to encourage people to call for medical assistance for people that are suffering from drug overdoses without a fear of the caller being prosecuted or the person needing medical assistance being prosecuted. Several other states already have such immunity laws. ", In determining whether an event qualifies as a drug overdose, the courts will utilize a "prudent layperson" standard. Custom WordPress Design, Development & Digital Marketing by time4design. 2003 South Easton Road, Suite 300, Doylestown, PA 18901. Proponents of the new law believe it may save the lives of individuals who may otherwise have been left to suffer a drug overdose without the proper medical attention. Please note that the free consultation referenced throughout this website is a telephone-only consultation, provided only to individuals with active criminal, DUI or traffic cases in Western Pennsylvania, and will be limited to an overview of the paid services the law firm can provide. Many law enforcement officers are not aware of this new law and are filing criminal charges against people who are immune from prosecution. If a friend or loved one is suffering from an overdose, you should immediately call 911 and report the overdose to medical personnel. Dealing and Trafficking Heroin in Pennsylvania. Reports the overdose to … Under this standard, an event is a drug overdose if a, "prudent layperson, possessing an average knowledge of medicine and health, would reasonably believe that the condition is in fact a drug overdose and requires immediate medical attention.". Phone calls and e-mails may or may not be returned at the sole discretion of the Zuckerman Law Firm LLC. Statements made regarding drug sharing or delivery can be used to prosecute you for serious drug offenses. Under the newly enacted Section 13.7 of the PA Controlled Substances Act, a person cannot be charged and prosecuted for certain drug crimes, as well as probation and parole violations, if: 1. } 780-113.7 and is titled Drug Overdose Response Immunity. Simple Possession: knowingly or intentionally possessing a controlled or counterfeit substance, Purchasing From Unauthorized Person: Intentionally purchasing or knowingly receiving in commerce a controlled substance, drug or device from a person not authorized to dispense or sell such a drug or device, Small Amount of Marijuana: Possessing a small amount of marijuana for personal use, or possessing or distributing a small amount of marijuana without intent to sell it, Drug Paraphernalia: Using drug paraphernalia, or possessing paraphernalia with intent to use it, Delivering, Manufacturing or Possessing Drug Paraphernalia With Intent to Deliver. { } Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. CVS customers can walk into pharmacies in 23 states, including Pennsylvania and New Jersey, and purchase naloxone under standing prescriptions authorized by the states for $60 to $90 for a … If you are the subject of a criminal investigation, or have been charged with a crime in connection with an overdose event, call the Zuckerman Law Firm today at 412-447-5580. Opioid overdoses are claiming the lives of thousands of Canadians of all ages, and from all walks of life.

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