Q: Is it legal to charge an overdose victim w drug poss if the evidence was found as a result of needing med. Help
Yes. If police respond with EMS and discover illicit narcotics or illegal drugs on the person who is receiving emergency medical assistance, or if police are the first responder prior to EMS and discover an individual needing help with evidence of illicit narcotics or illegal drugs, they may be charged for the appropriate offense under State law.
We hope this helps you as you evaluate your case.
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