drugs

03/02/2021 | Criminal Defense, Drugs, Pennsylvania Laws, Your Rights and the Law

PA Law Gives Immunity to People Who Help a Friend During a Drug Overdose

If your friend or loved one has overdosed on drugs and you assist them in getting help, you can not be criminally charged, even if you were also using drugs (under most circumstances). This immunity also applies to anyone on probation or parole.

Pennsylvania Drug Immunity Law—Good Samaritan and OverdoseThis law is often referred to as the Pennsylvania Good Samaritan Overdose Immunity Law.

Under Pennsylvania law, Act 139 SB 1164, passed in 2014, allows anyone who helps a person who is overdosing on drugs to obtain immunity from prosecution in the following circumstances:

  • The person transported the person who was overdosing to a hospital or medical facility, to a law enforcement agency, or to a campus security office, and:
    1. The person dialed 911 or called emergency services to report the person was overdosing on drugs and was in need of immediate medical attention in order to prevent death or serious bodily injury;
    2. The person cooperated with the EMTs or emergency service providers;
    3. The person gives their name and locations; and,
    4. The person stayed with the person needing medical attention until emergency services arrived.

In addition, the law also states that the person who overdosed on drugs also cannot be criminally charged, if the person who assisted them qualifies for immunity under the above circumstances. Both will remain immune from prosecution.

The law is limited in that it does NOT apply if the following events have occurred:

  • Law enforcement learned of the drug overdose independently;
  • Drug delivery or Possession with Intent to Deliver;
  • Drug delivery resulting in death or drug-induced homicide, and;
  • Any other crime that may have occurred around the overdose event.

If you are with a friend or loved one who is experiencing an overdose from drugs, do not be afraid to call 911 or to seek medical attention or help from law enforcement agencies.

If you were charged with a drug crime, or your loved one was charged with a drug crime, contact our criminal drug lawyers in Pittsburgh, PA. We can help you understand your charges, prepare a strong and aggressive defense and try to get your charges reduced or dismissed.

PENNSYLVANIA DRUG CRIME LAWYERS

KETCHEL LAW 

CALL 412-456-1221 FOR A FREE LEGAL CASE EVALUATION

If you have been charged with a drug crime in Pennsylvania, contact Ketchel Law today. Our number one goal is to have your charges dismissed and your record clean.

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01/11/2016 | Drugs

Drug Court—Allegheny County

The Allegheny County Drug Court Program is specifically designed for individuals with substance abuse issues that are involved in the criminal justice system and/or have been charged with drug possession.

The goal of the Allegheny County Drug Court Program is to place individuals who are facing drug charges or have been convicted of drug charges into an intensive drug treatment program as an alternative to jail to aid in their recovery from drug addiction and help them maintain clean and sober lifestyles.

Referral & Eligibility into the Allegheny County Drug Court Program

Drug Court candidates are identified by the District Attorney’s office or may be referred by their defense attorney (to the District Attorney’s office) for consideration into the program.

CALL JUSTIN KETCHEL FOR FREE CONSULTATION TO
DISCUSS REFERRAL TO DRUG COURT AS ALTERNATIVE TO JAIL

*** Our goal is to avoid jail for our clients. Call Ketchel Law Today.***

CALL 412-456-1221 FOR A FREE CONSULTATION

The client must be a level 3 or level 4 offender, meaning they have prior criminal records. This is often the case when an individual has multiple drug offense convictions. A high prior record score can often translate to jail time.

As an alternative to jail, the Allegheny County Drug Court offers a treatment based approach. An additional requirement for Drug Court is that the client cannot be currently charged with a crime of violence nor can they have a conviction of such crimes within the past ten (10) years. An ideal candidate for Drug Court has a history of drug related convictions and is currently facing a non-violent drug related offense.

If an individual is identified as a potential Drug Court candidate by the District Attorney’s office, the initial offer is made at or around the time of the pre-trial conference.

If a client is interested in entering the program, they must be interviewed by a Drug Court Case Manager in order to receive a Pennsylvania Client Placement Criteria (“PCPC”) drug and alcohol evaluation. At such time, a Service Plan is developed for the client that identifies the level of care required and specific treatment facility recommendations.

Compliance with the treatment plan is a condition of their sentence and failure to comply could result in removal from the program and being sent to prison instead. Additionally, the client must be interviewed by the Intermediate Punishment Screeners to determine whether they are eligible for IPP (House Arrest/Home confinement).

As an alternative to jail, house arrest may be factored into the sentence following any necessary treatment.

Learn more about the treatment program at the website for the Allegheny County Drug Court Program.

*** Our goal is to avoid jail for our clients. Call Ketchel Law Today.***

TO LEARN MORE ABOUT DRUG COURT OR DISCUSS ANY OTHER CRIMINAL MATTER, CALL JUSTIN KETCHEL FOR FREE CONSULTATION—412-561-1221

It is important that you do not delay in finding a drug defense lawyer in Pittsburgh—call Justin J. Ketchel today for a free consultation.

Learn More About Drug Charges in Pennsylvania: