Friend OD'ed on H...will he be charged?

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eieio

Bluelighter
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Jan 12, 2004
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A friend of mine recently OD'ed on heroin and had to have 911 called and taken to the hospital. A police officer came 1st and confiscated the spoon (with a small piece of cotton on it) and the rig. He is now wondering if he is going to face any felonieous chargers or any charges at all for that matter?
In the hospital, they found opiates, amphetamines, and valium in his system. He DOES however have a legitmate script for lortabs, but doesn't know how he could explain the other things. Is my buddy fucked, or is there some hope for him?



Sorry, maybe this should go under Legal Q&A's.........if so.....please feel free to move it there.

Thanks!
 
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It depends on both the hospital and police... I have been in the same situation as you before, when a fellow user ODed on heroin, the ambulance came but they also called the police (after they discovered it involved heroin)... the police were understanding and did take us down to the station... got an "interview" and a bunch of drug information booklets about heroin (which were excellent and well thought out harm reduction material, no propaganda) but they did not follow it up any further.

In the same situation, a police officer could of made our lives hell, searched us/the house (is that even legal at the OD scene?) and try to press charges/go to court..

So in my opinion, it depends on how understanding the police are...
 
No police have talked to him while he's been in the hospital and it's my understanding that he is going to be discharged in the next day or 2. (Hopfully he still won't have talked to any police.) I sure hope to hell they are understanding and let him have a chance.
If they don't..........I'm assuming he'll just get an indictment when the monthly indictments come out?? or what? anyone know?
 
Your friend isn't going to get in trouble just got ODing, and having drugs in his system. I believe the only thing they can charge him with is paraphernalia, and for possession for whatever heroin or other drugs they found and confiscated when they came to the house. There's a good chance they won't bother arresting him though.
 
Unless they have a grounded suspicion of who is selling him the heroin (i.e a known large-scale dealer was present) and they are trying to get your friend who ODed to testify against him, the chances of them pressing charges are remote at most.
 
I would definitely tell your friend to speak to a lawyer. Laws very from state to state and county to county. Where is he from? If you know a lawyer or someone that does, I'd defo be askin him questions. I'm sure if the cops want to be dicks, they can charge him for the paraphenalia. In So. Cali. it's a felony to be caught with a needle, especially if it's used. I think it sucks that the paramedics apparently are required to call the friggin cops. All the more reason I'd get some legal advice.
 
I doubt they will charge him.
Any compasionate judge(which there arent many) would know that he probably learned his lesson.
 
Waterbottle4302 said:
why the fuck dont they chage him? they dont charge fucking herion addicts but they will charge some kid with a gram of weed. fucking bullshit. your dumbass freind deserves to go to jail
Click to expand...

Shut the fuck up. Your everything that is wrong with the world these days.
 
when i OD'd a cop came to my apt, while the paramedics were there. i don't think he even talked to me, and when i got home my gram of heroin was still there (it wasn't in view, but it was in a kit within arms reach of where i OD'd). there were no charges or mention of charges whatsoever, i guess he thought overdosing was lesson enough for me. this was in Orlando, Fl.

even if they do press charges i think they most that would happen is court ordered rehab or meetings.
 
Yeah, Waterbottles a fuck child, in another forum he was asking if he should sell fake pot.

Oh well, if he doesn't clean up his act he'll be banned.

Moving to Legal!
 
Thanks

Thank you for the replies and advice, fellas. Still nothing has happened yet, but of course, that doesn't mean that it won't. My friend really appreciates the help and feedback. He'll keep me informed as to what is happening and whatnot and I will pass it on to you. Hopefully, there will continue to be no charges filed or even police officers talked too, for that matter.
 
doesn't seem like they'd be to interested in following it up randomly some time afterwards. i think they'd do it pretty soon after he was released from the hospital.

yes, waterbottle seems to be an elitist stoner.
but your friend does "deserve" to go to jail. it may not be your opinion that drug use should be illegal. but its illegality remains, thus his actions should have consequences.
a drunk driver that tries to push over a tree doesn't get let off because he "learned his lesson" from the side of a tree.
just not much on selective policing.
tho i do wish your friend the best of luck w/ his habits and hope this was an eye opener.
 
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