Virginia Criminal Defense Law: New Drug Overdose Law

Have you or a loved one been charged with a drug related offense after a 9-11 call for an overdose? The Virginia Legislature recently passed a new law that has been getting attention from the court system that may offer some protections. So what is this new law and what does it mean for drug related cases?

What is the New Virginia Drug Overdose Law?

The new law was approved on April 9, 2020. It provides that “No individual shall be subject to arrest or prosecution for the unlawful purchase, possession, or consumption of alcohol, possession of a controlled substance, possession of marijuana, intoxication in public, or possession of controlled paraphernalia” so long as certain criteria are met.

The criteria in order to be eligible under the new overdose law are:

1. Someone is experiencing an overdose;

2. Someone seeks emergency medical treatment;

3. The individuals remain at the scene;

4. The individuals identify themselves to law enforcement;

5. The only way the police knew of the incident was a result of the request for emergency medical treatment.

What Are Some of the Issues With The New Overdose Law?

Judges around Virginia are being asked to interpret this new law as a result of some vague phrasing by the Virginia legislature. Judges have ruled that in order to be eligible for protection under this new law, it must be a life-threatening and immediate need for medical attention. If the person suffering from a drug related overdose is not in an immediate, life-threatening condition, then they may not be eligible for protection under this new law.

Why Do You Need to Immediately Talk to a Criminal Defense Lawyer?

Drug related offenses can carry substantial punishments such as extended periods of incarceration in either jail or the state penitentiary. Many of the crimes you can be charged with are felonies, which can have long lasting consequences. If you have been charged with a drug related offense as a result of an overdose, you need to contact a criminal defense lawyer in your local area to discuss your rights in more detail, and whether you qualify for protection under the new law.

Virginia Criminal Law: First Offender Programs

Have you been caught and charged with a crime? Awaiting your court hearing can be an emotional and challenging time for everyone. Virginia law can be harsh on people charged with a crime. Most crimes carry with them at least some amount of jail time.

However, if this is the first time you have been charged with a crime, you may be eligible for one of Virginia’s many first offender or deferred sentencing programs.

Drug Related Offenses

Have you been charged with possession of a controlled substance? 

If you were charged with simple possession of a controlled substance, such as marijuana, you may be eligible for Virginia’s First Offender Program. This program is designed to help people with substance abuse problems.

If you qualify for the program, then you may not have to serve any jail time so long as you comply with the terms set out by the judge. Common terms include community service, educational programs about the dangers of drug use, and court fines.

Failure to complete any one of these conditions may result in a jail sentence being given to you. The length of the sentence typically depends on the reason for your failure to comply with your program.

Domestic Violence Related Charges

If you were charged with domestic violence, you may be eligible for another of Virginia’s First Offender Programs. There are several requirements to be eligible for the program including, but not limited to, having been an adult at the time of the offense and having not been convicted of a prior domestic violence crime or a similar violent crime.

The benefits of the domestic violence first offender program is that you can often avoid jail time. You may have to take anger management classes, pay court costs, and be on good behavior for a period of one year.

Other Types of Crimes

Have you been charged with a different type of crime such as drunk in public or disorderly conduct? Virginia judges have a wide variety of options available to them in terms of handling cases. Judges have the option of deferring any of your charges for the purposes of providing you an opportunity to get better. These options, however, are not formal programs and are largely up to the discretion of the Judge.

Why You Need a Lawyer

If your charge falls outside of drug or domestic related offenses, then you need a lawyer to advocate on your behalf to determine the best possible outcome for your case. A lawyer can help by attempting to convince the judge that jail time is not appropriate in your case. If you have been caught with a crime, immediately consult an attorney for more information about Virginia’s first offender programs.