So, if you call in for an overdose, but you are found to have a large amount of drugs in your possession, you can be sentenced to many years in prison after being treated and released. Some people can still face charges for things like selling or trafficking in drugs, depending on the amount of drugs present and the circumstances surrounding the overdose. Some individuals may fear that police will respond to a 911 call and there will be criminal charges for themselves or for the person who overdosed. We can also represent you at a sentencing hearing in order to minimize the consequences of a conviction. You can face many more years in prison and much larger fines and other penalties, depending on the circumstances of the case. As the drug problem continues to grow, the number of fatal overdoses is also rising. The Texas Controlled Substances Act is a state statute that sets forth the various penalties that can be imposed upon conviction of a drug charge. Fortunately, you have many defenses against your drug charges, and your Denton criminal lawyer will explore the best options for the circumstances of your case to help you beat the charges or minimize the punishment. Such charges carry enhanced penalties, and the sentence cannot run concurrently with any other sentence. In fact, reporting your own or someone else’s drug overdose can subject you to criminal drug charges and prosecution. Get Arrested for Overdosing on Drugs in Texas? The law states that any person who seeks medical assistance in good faith for a person who is currently overdosing shall not be charged, arrested or prosecuted for a drug violation if the evidence for such criminal proceedings would be based on … What Are the Different Types of Warrants in Texas? Call (940) 222-2488 for a consultation today! Twenty-four states and the District of Columbia have passed so-called Good Samaritan laws that provide immunity to those calling for medical help when they or a friend are overdosing on drugs. Drug charges, including those that result from overdoses, are treated extremely harshly in Texas. Generally, the most likely charges for providing the drugs related to an overdose death are second degree murder, or manslaughter, as it is unlikely that a drug dealer wants to kill their customers (that would just be bad for business). The goal is to exonerate you of the charges or to have your sentence minimized or even commuted to treatment instead. According to these statistics, youth and adult males are most frequently arrested for possession of marijuana, followed by opium, cocaine, and their … How the law works. Some possible defenses include: Your attorney, Brent D. Bowen, will determine the best strategy for your defense for the greatest chances of success. Possession of drug paraphernalia, the method for storing or concealing the drugs, and former drug convictions can also make your penalties more severe. If you have been criminally charged for a drug overdose in Texas, the experienced Austin criminal defense lawyers at Granger and Mueller PC are here for you. What Happens if I Plead Guilty to DWI in Texas? Some of the potential penalties imposed by the Texas Controlled Substances Act include the following: If you are facing one or more of these criminal drug charges or penalties, the Austin criminal defense lawyers at Granger and Mueller PC will work to reduce your penalty and keep you out of jail. Texas has no such law. In fact, according to arrest data, the arrest rate for both men and women under the age of 18 for drug possession is on the rise. You need an experienced Denton drug crimes lawyer like Brent D. Bowen to defend you to minimize your risk of jail time and fines. You shouldn’t be punished for doing the right thing and getting the appropriate medical treatment for yourself or others in an overdose. Attorney Bowen is dedicated to providing the best defense possible to help you. Can You Get Charged for Overdosing in Texas? Moreover, individuals who call to report that they have overdosed may not be subject to criminal prosecution in these jurisdictions, assuming that they cooperate. It is no secret that drug problems (including fatal drug overdoses) across the United States – and across Texas – have become more and more serious in recent years.
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