Legal Question in Criminal Law in Mississippi

illegal to hold a friend against his will to help with a drug problem?

I have a friend who is highly addicted to xanax and methadone. So much so, he will end up dying before too long if he doesnt quit abusing these substances soon. He , just as most addicts, says he has everything under control. His friends and family and I all disagree. My question is, what would the legal ramifications be if we locked him up against his will in his own home long enough to detoxify him so he may be able to see the abuse that's going on? Would we be in trouble for kidnapping even though getting him off these drugs will likely save his life? What other kind of trouble could we possibly face for doing something like this? He won't seek help himself, we have already tried that route. Something must be done soon or he will end up dying from an overdose. He has also reached a point to where we beleive he may be getting suicidal.


Asked on 9/19/06, 4:15 am

1 Answer from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Re: illegal to hold a friend against his will to help with a drug problem?

Instead, get guidance from a local social worker or physician about committment of your friend. The State Department of Health is supposed to have a plan for dealing with such situations. The Miss. statute for emergency involuntary committment for drug addiction is Section 41-30-27 of the Miss. Code. In part, it states:

(1) (a) A person may be admitted to an approved public or private treatment facility for emergency care and treatment upon a decree of the chancery court accepting an application for admission thereto accompanied by the certificate of two (2) licensed physicians. The application shall be to the chancery court of the county of such person's residence and may be made by any one (1) of the following: Either certifying physician, the patient's spouse or guardian, any relative of the patient, or any other person responsible for health, safety or welfare of all or part of the citizens within said chancery court's territorial jurisdiction. The application shall state facts to support the need for immediate commitment, including factual allegations showing that the person to be committed has threatened, attempted or actually inflicted physical harm upon himself or another. The physicians' certificates shall state that they examined the person within two (2) days of the certificate date and shall set out the facts to support the physicians' conclusion that the person is an alcoholic or drug addict who has lost the power of self-control with respect to the use of alcoholic beverages or habit-forming drugs and that unless immediately committed he is likely to inflict physical harm upon himself or others. A hearing on such applications shall be heard by the chancery court in term time or in vacation, and the hearing shall be held in the presence of the person sought to be admitted unless he fail or refuse to attend. Notice of the hearing shall be given to the person sought to be admitted, as soon as practicable after the examination by the certifying physicians, and the person sought to be admitted shall have an opportunity to be represented by counsel, and shall be entitled to have compulsory process for the attendance of witnesses.

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Answered on 9/20/06, 9:17 am


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