Legal Question in Criminal Law in Tennessee

i have a simple possession charge of meth over .5, which is a class b felony, and a paraphernalia charge. im 20, ive never been in trouble before. i got charged with these things after i called 911 because my boyfriend was unconscious and close to overdosing and dying. they snooped around my room trying to find stuff, the cops did. we barely even seen paramedics, and my boyfriend really needed to be checked on. anyways, i saw there was a good samaritan law and i was wondering if that could help me in any way, i am the one that called for help because of someone overdosing. i also can use my pretrial diversion since ive never been in trouble before now.


Asked on 2/23/19, 11:43 pm

1 Answer from Attorneys

Yes, there is a Good Samaritan Law in Tennessee. It's called T.C.A. ยง63-1-156.

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(b) Any person who in good faith seeks medical assistance for a person experiencing or believed to be experiencing a drug overdose shall not be arrested, charged, or prosecuted for a drug violation if the evidence for the arrest, charge, or prosecution of the drug violation resulted from seeking such medical assistance. Any person who is experiencing a drug overdose and who in good faith seeks medical assistance for or is the subject of a request for medical assistance shall not be arrested, charged, or prosecuted for a drug violation if the evidence for the arrest, charge, or prosecution of the drug violation resulted from seeking such medical assistance. This immunity from being arrested, charged, or prosecuted shall apply to the person experiencing a drug overdose only on the person's first such drug overdose. Any such person shall also not be subject to the following, if related to the seeking of medical assistance:

(1) Penalties for a violation of a permanent or temporary protective order or restraining order; or

(2) Sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole based on a drug violation.

(c) (1) The act of providing first aid or other medical assistance to someone who is experiencing a drug overdose may be used as a mitigating factor in a criminal prosecution for which immunity, set out in subsection (b), is not provided.

(2) Nothing in this section shall limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify for the protections of subsection (b) or with regard to other crimes committed by a person who otherwise qualifies for the protections of subsection (b).

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So talk to your attorney, who should know the above law and see if under the facts you have described, you

(and your boyfriend) are entitled to the protections of the law.

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Answered on 2/24/19, 9:09 pm


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