It may be a matter of life or death. 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. Denton, TX 76205, Copyright © 2020 Website by Fuel Web Marketing | Privacy | Disclaimer | Accessibility Statement. You shouldn’t be punished for doing the right thing and getting the appropriate medical treatment for yourself or others in an overdose. If you call to report an overdose in Texas, whether for yourself or someone else, you can face charges under Texas drug laws. You shouldn’t fear reprisal for calling in an overdose, whether you are trying to get help for yourself, or a friend. The same holds true if you sell drugs to a person who later suffers a serious bodily injury – or dies – as a result. Moreover, individuals who call to report that they have overdosed may not be subject to criminal prosecution in these jurisdictions, assuming that they cooperate. How the law works. If you are facing a Texas drug charge resulting from a drug overdose, the legal team at Granger and Mueller PC is ready to help. 180 days to two years in jail and a fine of up to $10,000 for possession a controlled substance or manufacture of delivery of small amounts of controlled substances. The Difference Between Evading and Eluding Arrest, Up to 180 days in jail and up to a $2,000 fine for possession of a Marijuana or dangerous drugs (Maximum punishment is life in prison and fine of $250,000). A poor decision shouldn’t ruin your life, and if you have a serious drug problem, you need help, not jail time. 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. 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. In fact, reporting your own or someone else’s drug overdose can subject you to criminal drug charges and prosecution. The goal is to exonerate you of the charges or to have your sentence minimized or even commuted to treatment instead. On behalf of Granger and Mueller PC posted in Criminal Law on Tuesday, August 18, 2020. Get Arrested for Overdosing on Drugs in Texas? We work hard to keep our clients out of jail and to keep drug charges off their record. 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 can face many more years in prison and much larger fines and other penalties, depending on the circumstances of the case. 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. Such charges carry enhanced penalties, and the sentence cannot run concurrently with any other sentence. 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. 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). Attorney Bowen is dedicated to providing the best defense possible to help you. 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. Some possible defenses include: Your attorney, Brent D. Bowen, will determine the best strategy for your defense for the greatest chances of success. If you sell or provide drugs to somone, or you help them take the drugs, and that person dies of suffers serious bodily injury, you … Possession of drug paraphernalia, the method for storing or concealing the drugs, and former drug convictions can also make your penalties more severe. We can also represent you at a sentencing hearing in order to minimize the consequences of a conviction. Unfortunately, Texas is not one of those states: In Texas you can be arrested for overdosing on drugs. 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. In fact, the State of Texas has some of the harshest and most conservative drug laws in the country. What Are the Different Types of Warrants in Texas? Our knowledgeable legal team can assist you with defending against your criminal drug overdose charge. Three to 180 days in jail and a fine of up to $2,000 for driving while intoxicated, Ignorance of the person who overdosed being in possession of a controlled substances (not applicable if you were the one who overdosed), Possession of a drug for which there is a new drug application with the Federal Food, Drug and Cosmetic Act or for which there is an approved investigational use under the agency, The defendant has a prescription for the drug being used. What Happens if I Plead Guilty to DWI in Texas? Can You Get Charged for Overdosing in Texas? The Texas Controlled Substances Act imposes severe punishments for possession of illegal drugs, including prescription medications obtained illegally and harder drugs like cocaine and heroin. 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. According to these statistics, youth and adult males are most frequently arrested for possession of marijuana, followed by opium, cocaine, and their … 101 S. Woodrow Lane, Suite 102 Brent D. Bowen, attorney at law, is an experienced Denton criminal lawyer who helps defend those facing drug charges after an overdose, or in other circumstances. Texas has no such law. As a defendant in the case, you may be able to advance one or more of the following legal defenses in response to your criminal drug charge: The experienced Austin criminal defense attorneys at Granger and Mueller PC will work hard to formulate a strong legal defense on your behalf. He fights to help clients keep their records free of drug charges or to get their sentences minimized. Even if you didn’t directly contribute to the death, involvement in any way can merit a criminal charge that could come with a severe prison sentence – even if the person ultimately survives the overdose. The person calling and/or the person overdosing will not be subjected to criminal charges. These laws generally provide immunity from arrest, charge or prosecution for certain controlled substance possession and paraphernalia offenses when a person who is either experiencing an opiate-related overdose or observing one calls 911 for assistance or seeks medical attention. Overdose deaths and drug-related suicides are all too common in the US, and prosecutors have often sought to make others pay the price if they are involved in a situation that ends with an overdose death. But a person calling to report his own overdose won’t be charged for simple possession, and a person calling to report another person’s overdose won’t be charged for possession if he stays to cooperate with authorities.
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