I live in Pennsylvania, and recently had a near fatal heroin overdose. The police came with the paramedics and took a small bag of heroin and a used syringe- days later I received charges in the mail for possession and drug paraphernalia. I don't understand this as I thought I couldn't be charged in my state in the case of an overdose in which 911 was called and the caller waited for help to arrive.
It depends on how they found out about the overdose. If the only way they knew about it was the 911 caller then you should be entitled to limited immunity. I say limited because they could still use the evidence against you in more serious charges. So, it really depends on what the officer knew and when. You should be having these conversations with your attorney. Yiur attorney will best know how to assert your rights and if appropriate, get your case dismissed at the appropriate time. If you dont have an attorney, your playing with fire. Also, a near fatal overdose indicates you should be in some sort of inpatient treatment. Hopefully you have taken steps on both of these issues.
Please excuse my brevity and any typos as answers are often given using a cellular phone.
Mr. Hyde has, as usual, provided a through response to the question, and his wise advice to secure the assistance of qualified criminal representation and seek appropriate treatment for the apparent drug dependence are priceless as they say. Good luck.
If I were a police officer I would have charged you why do you think there is a problem you are a drug addict who keeps buying narcotics get some help.
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I suggest that you hire an experienced Criminal defense attorney.
He or she may be able to have the charge reduced or dismissed.
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