Home / Blog / Maryland’s Good Samaritan Law: A Defense against illegal arrest and prosecution

Maryland’s Good Samaritan Law: A Beacon of Hope in Dire Circumstances

In life, unexpected situations can arise at any moment. One such scenario is a medical emergency following the ingestion or use of alcohol or drugs. In these critical instances, timely medical assistance can be the difference between life and death. Recognizing this, Maryland has enacted the Good Samaritan Law, a legislation designed to encourage individuals to seek medical help during such emergencies without the fear of legal repercussions.

At FrizWoods LLC, we firmly believe in the spirit of this law and are dedicated to promoting a deeper understanding of its implications among the Maryland community. Our team of seasoned criminal defense attorneys is well-versed with the intricacies of Maryland’s Good Samaritan Law and is here to guide you through its legal landscape.

Understanding Maryland’s Good Samaritan Law

The core of Maryland’s Good Samaritan Law is to provide a certain level of immunity for individuals who, acting in good faith, seek or provide medical assistance during drug or alcohol-related emergencies.

Key Provisions of the Law

1. Mitigating Factor in Criminal Prosecution:

   • If someone seeks, provides, or assists in providing medical aid during a drug/alcohol-related emergency, this act can be used as a mitigating factor in a criminal prosecution concerning the individual who experienced the emergency or any person who sought or provided medical help.

2. Immunity from Criminal Arrest, Charge, or Prosecution:

   • A person who in good faith seeks or provides medical aid for someone believed to be experiencing a medical emergency after using drugs or alcohol is granted immunity from criminal arrest, charge, or prosecution for specific violations if the evidence was obtained solely because of seeking or providing medical help.

3. Protection from Sanctions:

   • An individual who seeks or provides medical help under this law cannot be sanctioned for a violation of conditions like pretrial release, probation, or parole if the evidence of the violation was obtained solely because of seeking or providing medical help.

Implication on Controlled Substances and Alcohol-related Offenses

Maryland’s Good Samaritan Law provides a legal safeguard against certain criminal charges like possession or administration of controlled dangerous substances, underage possession or consumption of alcohol, and related offenses, under specific circumstances delineated by the law.

What does the law protect me from?

Specifically, the law protects a person receiving or calling for medical aid from a prosecution for drug possession, possession of paraphernalia, underage consumption of alcohol, or furnishing alcohol to a minor.

Can I still be prosecuted if I was arrested at an overdose scene?

You may still be prosecuted, so long as the charges are not those specifically named. For example, a person can still be prosecuted for possesison with intent to distribute, when narcotics are found after a call for medical assistance related to an overdose.

How FrizWoods LLC Can Help

At FrizWoods LLC, we are committed to ensuring that the Good Samaritan Law serves its purpose of saving lives without unwarranted legal consequences. Our expert criminal defense attorneys are at your disposal to provide comprehensive legal advice and representation, ensuring the law’s protection is afforded to you.

We also encourage you to explore our reviews page to read real-life testimonials from individuals who have previously engaged our services.

Frequently Asked Questions

What should I do if I am facing criminal charges despite the Good Samaritan Law?
It is crucial to consult with an experienced criminal defense attorney to understand the implications of the charges and the defenses available to you under the Good Samaritan Law.

Does the Good Samaritan Law provide complete immunity from all drug-related charges?
The law provides immunity for specific charges under particular circumstances. It’s essential to understand its scope and limitations. The law itself only protects from certain misdemeanor charges, not drug felonies. It will also not protect you from any charges related to property crimes or assault.

Concluding Thoughts

The Maryland Good Samaritan Law is a step towards fostering a community where saving lives is prioritized over legal apprehensions. However, navigating through its provisions can be complex. If you or someone you know is facing legal challenges despite the Good Samaritan Law, it’s time to seek professional legal guidance.

FrizWoods LLC is here to provide the necessary legal assistance to ensure that the Maryland Good Samaritan Law serves its intended purpose in your case. Reach out to us for a consultation, and let’s work together in making the law work for you.