Friends Don't Let Friends Shoot Heroin ... Alone drug dealing), Drug-Induced Homicide or Drug Delivery Resulting in Death. 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.". See FindLaw's Drug Charges … The sale of heroin to a minor can result in double penalties. on: function(evt, cb) { Should I Take My Criminal Case to Trial in PA? Leave this field empty if you're human: Bucks Divorce Lawyer | Bucks DUI Lawyer | Doylestown Estate Attorney. window.mc4wp.listeners.push( Commonwealth v. Lewis ); The person transported a person experiencing a drug overdose to a law enforcement agency, campus security office or health care facility AND law enforcement only became aware of the incident and of certain criminal offenses because of that person’s assistance; 2. Clearly the intent of the new law is to encourage people to cooperate with law enforcement to assist someone who experiences a drug overdoes without fear of prosecution. 780-113.7 and is titled Drug Overdose Response Immunity. listeners: [], The reporting person has a reasonable, good faith belief that another is suffering from an overdose, and 1. 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. Reports the overdose to … The law can be found at 35 P.S. 780-113.7, generally prohibits the government from prosecuting the caller or the person … COVID-19 UPDATE: An important announcement from Clemons Richter & Reiss, P.C. If you’ve been arrested and charged with a crime in Pennsylvania, don’t assume that you can’t beat the charges! Scroll down for a basic synopsis of Pennsylvania heroin laws. Here's a look at civil liability for drug overdoses. The impact of the opioid crisis continues to be devastating to individuals, families and communities. 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. 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. Likewise, if members of law enforcement contact you after you have been released from the scene of the overdose, you should remain silent and ask to speak to a lawyer. 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. The law can be found at 35 P.S. According to the Centers for Disease Control, heroin and opioid overdose are the leading cause of accidental death in Pennsylvania, killing more individuals than those involved in fatal motor vehicle accidents. Stay up-to-date on everything new at Clemons Richter & Reiss, PC. The law, found at 35 P.S. PA Enacts Good Samaritan Drug Overdose Immunity Law. The Zuckerman Law Firm LLC and its owners, employees and/or agents, do not guarantee any result or outcome on any legal matter, and do not make any promises or representations regarding the accuracy of information on this website. Why is it that someone in possession of marijuana can get charged, someone drinking and driving can get charged, but a heroin addict can overdose in public etc and not get a single charge?" event : evt, Our firm has represented people in such instances and has successfully fought to have the criminal charges dismissed. Opioids, both legal and illegal, were present in 85 percent of those deaths. Several other states already have such immunity laws.

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