What criminal charges can be brought against you for being brought to the hospital for a drug overdose?

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What criminal charges can be brought against you for being brought to the hospital for a drug overdose?

The drug in question was heroin. I was found in a gas station bathroom with no pulse and not breathing. Was not in possession of any actual drugs, only the used syringe from the incident. I was brought to the hospital. The police impounded my vehicle and kept it on hold pending “investigation.” They wouldn’t let me get it out until I spoke with the officer handling the “situation”. As far as I know I was never officially arrested and charged with anything as of yet. The detective wanted me to come talk to him and have me give up information.

Asked on August 3, 2012 under Criminal Law, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of all states in this country, one cannot be arrested for being a drug addict. If you had no actual contraband on your possession then this is why you were not arrested. I would refuse to talk to any law enforcement personnel at this time and might consider consulting with a criminal defense attorney. I doubt charges will be filed against you from what you have written.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of all states in this country, one cannot be arrested for being a drug addict. If you had no actual contraband on your possession then this is why you were not arrested. I would refuse to talk to any law enforcement personnel at this time and might consider consulting with a criminal defense attorney. I doubt charges will be filed against you from what you have written.


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