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Examining the implications arising from drug overdoses

People in Roswell will often roll their eyes at the "wrong place, wrong time" defense. For them, the idea of you innocently walking into a situation where criminal activity may have been occurring may just seem too far-fetched. Yet you might be surprised at just how many of the clients that we here at the Sanders Law Firm have worked with have found themselves in such scenarios. Often, whatever criminal issues they face have less to do with what they may have been doing where they were arrested than the fact that they were there at all. 

Take drug offenses, for example. If you happen to be at a location where illegal drug activity is supposedly occurring, there may an automatic assumption that you were how somehow involved. Imagine this scenario, then: You are with a friend who suddenly begins to display signs of a potential drug overdose. You know he or she requires medical attention, but in assisting him or her in receiving it, could you somehow be implicated in a crime stemming from his or her drug use? 

According to New Mexico State Law, the answer to that question is no. Section 30-31-27.1 of the state's code of Criminal Offenses states that you cannot be charged for the crime of drug possession if such an accusation arises as a result if your helping someone seek medical attention for a drug overdose. The same holds true for one who overdoses; authorities cannot charge him or her for such a crime when evidence to support it is found due to him or her being treated for an overdose. 

You can learn more about potential defenses to drug charges by continuing to explore our site. 

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