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Can I be Criminally Prosecuted in California for Overdosing on a Controlled Substance? – Health and Safety Code Section 11376.5

A recent California bill was passed into law that seems to recognize that drug addiction is more a disease than a crime. This is good news for those struggling with addiction.

This new law under Health and Safety Code Section 11376.5 states that if you overdose on illegal drugs, you will not face criminal prosecution if you seek medical help. Not only does this law protect you against charges for having drugs in your system, it will also prevent any prosecution for drugs or paraphernalia found in your physical possession.

This can also protect anyone who assists you or notifies the authorities of your drug overdose. The same protection also applies to them if they were found to be in possession or under the influence.

This law was created in response to the high rate of California deaths stemming from drug overdose due to the fear that any report to a hospital or local authority of a drug overdose would result in criminal prosecution. This fear had hindered any attempt to assist a person who suffered a drug overdose.

Drug addiction is a serious matter that can transcend beyond the authority of the law and the penalties it imposes. However, you still need to protect your rights and guard yourself against the pitfalls of the criminal justice system. Our attorneys at Wallin & Klarich have been in practice for over 30 years and can help you through the criminal process so you can focus on rehabilitation.

Wallin & Klarich has been helping those accused of drug crimes for over 30 years. If you or a loved one is facing a criminal case in Southern California call now at 888-280-6839 for a consultation. The Los Angeles Criminal Defense Lawyers of Wallin & Klarich have offices located throughout the Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura counties, we are able to be there for you wherever you happen to live. We will be there when you call.

About Wallin & Klarich

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.