Drug crimes carry serious penalties. Drug charges can result in very negative consequences for an individual's future if the charges are not properly handled, even when the charges are for possession of small amounts of a drug.
Unfortunately, these harsh consequences can mean that individuals that need help are afraid to seek it out. In instances of overdose, individuals may be afraid to call for help because of the consequences they fear could be faced for doing so.
However, under state law, an individual in New York that is either in the midst of an overdose on drugs or an individual that is looking for assistance for another individual overdosed on drugs cannot be prosecuted on charges of possession of small amounts of a drug found on either person in the wake of seeking aid for the overdose.
Last month, Jon Bon Jovi's 19-year-old daughter reportedly overdosed on heroin at a college in New York. Medics arrived and both the 19-year-old and a friend of hers were charged with possession of a small amount of heroin and marijuana. However, the charges were later dropped in accordance with the state law described above, also known as the Good Samaritan 911 law.
However, there are circumstances under which police can recover drugs from a charged individual but that individual will still not face conviction. For example, if it is found that the charged individual was illegally searched and the evidence was thereby illegally seized. An experienced attorney can aid a charged individual in fighting the evidence and charges leveled against the individual.
Source: The Huffington Post, "Stephanie Bongiovi, Bon Jovi's Daughter, Get Heroin Charges Dropped," Associated Press, Nov. 15, 2012
- For more information regarding drug charges, feel free to visit our Bronx drug defense page.