Newark, NJ Drug-Induced Death Defense Attorney
If you give drugs listed as Schedule I or II Controlled Dangerous Substances (CDS) to someone else, and they overdose and die from the drugs, you are strictly liable for their death. You will also be charged other drug related crimes such as distribution (trafficking), which can enhance the penalties. It is not a defense that the person who died contributed to his death by his reckless or negligent use of the drugs you gave them. The State does not need to show the causal link of the drug use as the actual cause of death. The prosecutor only has to show you distributed the drugs to them, they used the drugs, and they died after using the drugs.
If you are charged with drug induced death, or any other drug charge, consult with an experienced criminal defense lawyer to learn what your options are. Contact Howard Bailey at 973-982-1200 for a free consultation.
Defending a Drug Induced Death Charge
A successful defense of this charge starts with an analysis of the State’s proofs, what they said you did. All legal issues need to be examined to determine whether there is an viable legal motion that can be brought to weaken the State’s case. It is imperative that you say nothing to the cops or to anyone else about the drug distribution. Anything you say can be used to support the charges against you. Exercise your RIGHT TO REMAIN SILENT. Say I WANT A LAWYER every time someone starts to talk to you. Do not add to the proofs against you by admitting you gave them the drugs. T
he defense investigation should examine the medical reports of the decedent, and the autopsy, to learn what other issues may have contributed to the death, and an expert will need to be used to develop a basis to assert that the death was too remote to the drug distribution you made to them, or that there was an intervening cause of death that was the result of someone else’s conduct.
Any Court. Any Crime. Any Time.
What you do in the first 24-hours of this crime happening can have an impact on whether you get convicted or the charge gets dismissed. If you suspect you are under investigation for a drug induced death, or you are charged with this crime, do not make any statement to the police or anyone else. You only have a privilege to speak to your lawyer, anyone else can be forced to say what you told them. Ask for a lawyer if you are arrested. Write I WANT A LAWYER on anything they put in front of you. Asset your right to REMAIN SILENT.
Consult immediately with an experienced criminal defense lawyer who can advise you on what steps need to be taken to protect your rights, and your freedom. Call Howard Bailey at 973-982-1200 for a free consultation.