By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 3, 2022
This article will discuss the Michigan Good Samaritan Law as a defense against drug possession. Michigan is currently in the midst of an opioid epidemic. Statistics show that overdose deaths are now the leading cause of accidental death in the United States. Michigan’s Good Samaritan Law is a defense against drug possession under limited conditions.
Paramedics can prevent many drug overdose deaths if called right away. The chance of surviving an overdose, like a stroke or heart attack, depends on how fast a person receives medical attention. Michigan’s Good Samaritan Law focuses on the preservation of life. The law provides immunity from arrest and prosecution for possession charges.
People using illegal drugs often do not call 911 out of fear of arrest and prosecution for a felony. People witnessing a heart or stroke attack do not hesitate to contact 911. But, witnesses to an overdose are hesitant to call 911, in many cases, do not call. The data shows that the most common reason people cite for not calling 911 is fear of police involvement and arrest.
Michigan’s Good Samaritan law provides immunity from arrest and prosecution when a person calls for medical help
The Michigan Good Samaritan law operates on the following principle. The best way to encourage people to seek emergency medical help is to provide an exemption from arrest and prosecution for possessing and using a controlled substance. These laws are often referred to as Good Samaritan laws. Michigan’s Good Samaritan Law does not protect people from arrest for other offenses, such as selling or trafficking drugs or driving while drugged. The exemption protects only the caller and the overdose victim. Michigan enacted the Good Samaritan law to provide limited immunity from arrest or prosecution for possessing and using a controlled substance for people who summon or require medical attention for an overdose.
According to Michigan Laws MCL § 333.7403(3)(a) and MCL § 333.7404(3)(a), a person is entitled to a dismissal of his or her case because the statutes create an exemption from prosecution for either use or possession of a controlled substance if that individual has been presented for emergency medical treatment.
The statutes are clear. MCL § 333.7403(3)(a) Possession of a Controlled Substance states: (3) The following individuals are not in violation of this section:
An individual who seeks medical assistance for himself or herself or who requires medical assistance and is presented for assistance by another individual if he or she is incapacitated because of a drug overdose or other perceived medical emergency arising from the use of a controlled substance or a controlled substance analogue that he or she possesses or possessed in an amount sufficient only for personal use and the evidence of his or her violation of this section is obtained as a result of the individual’s seeking or being presented for medical assistance.
MCL § 333.7403(3)(a)
Likewise, MCL § 333.7404(3)(a), Use of Controlled Substance states: (3) The following individuals are not in violation of this section:
An individual who seeks medical assistance for himself or herself or who requires medical assistance and is presented for assistance by another individual if he or she is incapacitated because of a drug overdose or other perceived medical emergency arising from the use of a controlled substance or a controlled substance analogue that he or she possesses or possessed in an amount sufficient only for personal use and the evidence of his or her violation of this section is obtained as a result of the individual’s seeking or being presented for medical assistance.
MCL § 333.7404(3)(a)
The statutes exempt the “possession” and “use” of a controlled substance. Michigan State Police Legal Update No. 126 informs their troopers that certain people are exempt from prosecution. Michigan State Police Legal Update 126 The update instructs law enforcement on the proper application of the law. The update states that to be exempt, the amount possessed by the individual must be (1) sufficient only for personal use and (2) the evidence of the individual’s possession or use must be obtained as a result of the individual doing one or more of the following:
- Seeking or being presented for medical assistance
- · Attempting to procure medical assistance for another person
- · Accompanying another individual who requires medical assistance to a health facility or agency
Czarnecki & Taylor used Michigan’s Good Samaritan Law to get a possession of heroin case dismissed
Attorney James Czarnecki represented an individual in Detroit at the Frank Murphy Hall of Justice. The facts fell within the guidelines of Michigan’s Good Samaritan Law.
Our client, John Doe, had: (1) possessed a small amount for personal use, and (2) the evidence of the crime had only been obtained as a result of John Doe being presented for emergency medical assistance. (3) A funeral attendee called an ambulance to “present” John Doe for medical assistance because he had been found unconscious in a room.
John Doe overdosed on heroin at his grandmother’s funeral. His overdose required emergency medical attention. An attendee of the services called 911 because John Doe’s overdose placed him in a medical emergency requiring immediate medical treatment. An ambulance took John Doe to the hospital for treatment. The prosecutor’s office charged our client with felony possession of heroin and use of heroin.
Based on Michigan’s Good Samaritan Law, our attorneys argued that the law specifically encourages the preservation of life over the state’s need for prosecution. As a matter of policy, he explained that the Michigan Legislature urged people to seek medical attention due to a drug overdose without fear of prosecution. Accordingly, we argued, John Doe’s case must be dismissed. The prosecutor disagreed.
What is shocking is that both the court and prosecutor’s office were not familiar with Michigan’s Good Samaritan Law. The prosecutor’s office, specifically the appellate division, attempted to argue that such a law did not exist. Attorney James Czarnecki moved to dismiss based on Michigan’s Good Samaritan Law.
During the evidentiary hearing, Attorney Czarnecki argued that John Doe’s prosecution violated Michigan’s Good Samaritan Law as he was a member of the class of people the legislature intended to protect from prosecution for an overdose because John Doe needed emergency medical attention. Had John Doe not received medical attention, he would have died.
The judge agreed with our argument and dismissed the case based on Michigan’s Good Samaritan Law.
If you believe the Michigan Good Samaritan Law applies to you, contact our office
Please contact our office if you or someone you know has been charged with a crime resulting from an overdose requiring medical attention. We would be very interested in discussing the case with you.
Many Michigan criminal defense attorneys do not know about the good samaritan law as a defense. In fact, as a professional courtesy, we shared our legal brief with other attorneys when they needed help arguing their case.
The Good Samaritan law provides an important defense for some when people are charged with possession crimes resulting from an overdose. The Good Samaritan Law can be a valuable defense for criminal cases, and it is something that Michigan criminal defense attorneys should understand and be prepared to use in their cases.
Overall, if you are facing criminal charges in Michigan, it is important to work with an experienced criminal defense attorney who understands this law and can help you make the most of it as a potential defense in your case. With the right legal representation, you may be able to secure a more favorable outcome in your situation and avoid harsh penalties or even jail time. So if you need assistance with your criminal case, contact our team of criminal defense attorneys today.
Our experience and track record in criminal defense enable us to provide effective representation for individuals accused of a crime. We understand what is at stake when you are facing criminal charges, and we work to help our clients achieve the best possible outcome in their case.
Everyone deserves outstanding representation regardless of the charges they face. We offer compassionate counsel throughout every step of the legal process, and we will work to negotiate a beneficial plea deal on your behalf or take your case to trial if necessary.
When faced with criminal charges, you must retain the services of an experienced attorney who can help protect your rights and fight to achieve the best possible outcome in your case. Contact our law firm today to learn more about how we can help you with your criminal defense needs.
Do you have a good Samaritan law issues? We can help. Czarnecki & Taylor’s experienced attorneys will handle your case with care and help you through every step of the process. If you would like a free consultation, you can contact us today at (586) 718-2345 or online for a quick online for prompt response. We are available 24/7 and have weekend and evening appointments.