Former Texas Prosecutors Fighting For You

Could an accidental overdose lead to criminal charges?

On Behalf of | Feb 4, 2022 | Drug Charges

If you think the “War on Drugs” has lost any of its momentum thanks to widespread acceptance of marijuana use in many states, think again. Texas is still very much anti-drug, and prosecutors are aggressive about pursuing charges for drug crimes.

If anything, the authorities have taken a renewed interest in making an example out of as many people as possible for crimes related to the distribution of prescription opioids. That’s largely in reaction to the influx of fentanyl-laced counterfeit prescription drugs that have recently flooded the state (and the rest of the nation).

When an overdose led to murder charges

In the past, authorities tended to see an overdose death as a tragic accident and nothing more. Today, the trend is to try to link an overdose death back to the person who supplied the drugs and charge them with homicide. Even if the victim survives, their supplier can be charged with the delivery of a controlled substance causing serious bodily injury, which is a felony.

For example, in Dec. 2021, the Texarkana Police Department arrested a 21-year-old male over the overdose of an 18-year-old young woman. He had apparently supplied her with what they both believed were ordinary prescription painkillers. The painkillers contained fentanyl as an additive, which nearly made them lethal. While the young woman survived, the young man is now in prison.

It’s not unusual for friends, relatives and neighbors who share an addiction to share their pills. Sometimes, an addict even sells a few pills to feed their own habit. Unfortunately, what was once perceived as a mistake is now seen as a crime.

If you’re facing felony charges over an overdose, you need experienced legal guidance. Exercise your right to remain silent until you can better understand your position and your potential defenses.