Walk It Through: The Overdose
A duty to help, immunity for calling, a petty misdemeanor, and sealing later.
At a house party, a guest collapses after taking pills, and the others look at each other.
Two things a person in this spot might do. Picking one shows what the law says about it.
One party and one overdose. Seeking help during a search, paraphernalia, and felony records are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Gross misdemeanorAny crime that is not a felony or misdemeanor. Where no other penalty is set, it carries up to 364 days, a $3,000 fine, or both.
- Petty misdemeanorAn offense that is not a crime, punishable by a fine of not more than $300.
- ExpungementSealing a criminal record on petition after a period without a new conviction: two years after discharge for a petty misdemeanor or misdemeanor, three for a gross misdemeanor.
- Duty to assistThe duty of a person at the scene of an emergency who knows another is exposed to or has suffered grave physical harm to give reasonable assistance, to the extent they can without danger to themselves or others. A violation is a petty misdemeanor.
- Emergency careCare, advice or assistance rendered without compensation or the expectation of it at the scene of an emergency or on the way to professional medical care. The person is not liable for civil damages unless acting in a willful and wanton or reckless manner.