Drug charges against Jon Bon Jovi's daughter dropped
#1 Nov 15, 2012
Does this law apply to the general masses or just those associated with the entertainment business? OR was it just paid for?
#2 Nov 15, 2012
selective the DA is full of it he put a guy in jail when they called 911 for help because and they found drugs here is the law (A) THE DEFENDANT SEEKS IMMEDIATE HEALTH CARE FOR SOMEONE OR FOR HIM
OR HERSELF WHO IS EXPERIENCING A DRUG OR ALCOHOL OVERDOSE OR OTHER LIFE
THREATENING MEDICAL EMERGENCY and here is the person he put in jail http://www.uticaod.com/news/x69965307/Man-cha... this law should apply to him also? it says quote " or other life threatening medical emergency" end quote see law here http://open.nysenate.gov/legislation/bill/S57... they found drugs and he is charged the LIFE
THREATENING MEDICAL EMERGENCY law should apply here also
#3 Nov 15, 2012
i wonder what the amount of revenue utica and oneida county lost because the charges where dropped? this was big news.... the news org would have flocked to utica to see this case now the DA dropped the charges?? makes me wonder if they will have to show up to court for the charges to be dropped?? hopefully the DA will tell the news when court will be to drop the charges... she does have to show up doesnt she? they have to formally drop the charges in court right? this is big news and the only thing people need to learn is not to do drugs not learn the laws on how to escape the charges but i guess the lession learned here is if a friend is in need dont let them die because you dont want to be arrested so call 911 and you have amnesty i guess something good did come out of this she is a poster child...make the 911 call
#4 Nov 16, 2012
also>>>the New York's 911 Good Samaritan law hasn't been fully implemented in New York.....so how could he drop the charges duh rules for the filthy rich yeah
#5 Nov 16, 2012
IMO - this case is a typical political decision made every day by our local politicians.
It is called "selective prosecution"
"Money talks; Bulls*it walks"
#7 Nov 16, 2012
duh it was loaded you fool he tried killing himself with it... but the guy didnt have a record or ever a run in with the law? he was fired from work because he took a week off of work to be with his newborn for the first week of a newborn,,,, then they fired he was a great worker he didnt fill out the right paperwork for the week off soo the pressure of life caught up to him? and he tryed to kill himself 911 was called to help a victom and the 911 good samaritan law should apply also
#8 Nov 17, 2012
Okay, but what about the POSSESSION CHARGE??? HOW MUCH do you think Daddy Jon forked out to make that go away??? Daddy Jon had better make sure his daughter goes away to rehab before returning to Hamilton College, if they'll even let her return, or she will eventually no doubt repeat this behavior.
#9 Nov 17, 2012
Get a life! Jealous???
#10 Nov 17, 2012
The fact that you offered this guy up as an example tells me you either didn't bother to read the legislation or you weren't smart enough to comprehend it.
Yes, he had a medical emergency and 911 was called, but his emergency was not because he was ODing. He shot himself. The law was not put in place to protect people who shoot themselves and have drugs on the premises. Stephanie had an overdose. Whether she has been using heroin for a while or this was her first time trying it, the 911 call was made specifically because she was in the midst of an overdose.
The law (again, if you bothered to read what you provided a link to) includes a standard of a certain amount of drugs found when the 911 call is being responded to. There was only a small amount of heroin and pot found. If she'd been found in a room full of drugs she'd be facing charges because of the amount. You can make your 'daddy would've made that go away too' comments if it makes you feel better, but since she wasn't found with a large amount of drugs such a statement would be nothing more than speculation on your part.
#11 Nov 17, 2012
I'll give you the highlight since you have shown you don't bother to read what's provided in links.
"Police also found a quantity of packaged cocaine. Dejesus was in the hospital for treatment and interviewed. Police determined the injury was an accidental self-inflicted gun shot. Police charged Dejesus with criminal possession of a weapon and criminal possession of a controlled substance."
In other words, he's a dealer who accidentally shot himself. He wasn't taking the drugs. He did not have an overdose, nor did he place a call seeking help for someone who was having one. His situation in no way applies to the law you are talking about.
#12 Nov 17, 2012
OR OTHER LIFE
THREATENING MEDICAL EMERGENCY""" "end quote so what does your pea brain tell you what that means i didnt write the law they did and in my eyes when you put OR OTHER LIFE
THREATENING MEDICAL EMERGENCY" that means you will and the person who is in need of that LIFE
THREATENING MEDICAL EMERGENCY" will not be charged? the reasons for the law is to SAVE A LIFe.... so you should go read it again and try to understand what the law is for would you rather the people scramble to hide the gun and drugs? when time is a factor to save a life... lets say they hid the gun hid the drugs the guy says someone shot me and he dies and the police never find anything duh ??? or the have the 911 good sumaritin law and they get the drugs off the street they save the guys life and the gun is recovered so kids never recover the gun.... BINGO you fool
#13 Nov 17, 2012
they also found a Police also found a quantity of packaged drugs in her dorm the weight was less the 8 oz the DA said so that means you can have less then 8OZ but if you have over 8oz you get into trouble that is whats crazy about the law
#14 Nov 17, 2012
No matter what amount is stipulated as the cut off people will argue about it.
#15 Nov 17, 2012
Right now my pea brain is telling me that your interpretation of Life Threatening Medical Emergency means you are an ambulance-chaser attorney who looks for loopholes to get your criminal clients out of trouble. You come across as someone who has only read the words Life Threatening Medical Emergency and has blocked everything else out. Let's see if we can fix that and make you just a little bit more informed. Ready?
#16 Nov 17, 2012
TITLE OF BILL:
An act to amend the penal law and the criminal procedure law, in relation to seeking or receiving health care for a drug or alcohol overdose
This legislation will encourage a witness or victim of a drug or alcohol related overdose to call 911 or seek other emergency assistance in order to save the life of an overdose victim by establishing an affirmative defense for the witnesses or victim to a controlled substance
offense. Recognizing that most who are in need of treatment for an overdose are unable to seek treatment on their own due to the nature of the medical condition, the bill encourages those who may be with the person to obtain health care for the individual who has overdosed.
Huh. Well, that's interesting. Nowhere in the Title or Purpose does it say anything about helping drug dealers who accidentally shoot themselves avoid prosecution. Hhmmmm.....
#17 Nov 17, 2012
SUMMARY OF PROVISIONS:
Subparagraph 1 of the bill defines "drug or alcohol overdose" and "health care."
Section 1. It is the intent of the legislature to encourage a witness or victim of a drug or alcohol related overdose to call 911 or seek other emergency assistance in order to save the life of an overdose victim by establishing a state policy of protecting the witnesses or victim from prosecution and conviction for drug or drug paraphernalia possession, and certain alcohol related offenses. It is not the intent of the legislature to protect individuals for other offenses, including drug trafficking, or to interfere with law enforcement protocols to secure the scene of an overdose.
UH-OH!!!!! That's take a look at that last part again.
"It is not the intent of the legislature to protect individuals for OTHER OFFENSES, INCLUDING DRUG TRAFFICKING, or to interfere with law enforcement protocols to secure the scene of an overdose."
Psst....that means drug-dealers-in-possession-of- lots-of-cocaine-who-accidental ly-shoot-themselves is not who this legislation is looking out for.
#18 Nov 17, 2012
SUMMARY OF PROVISIONS:
Subparagraph 2 of section two establishes an affirmative defense for a person who seeks immediate health care for someone who is
experiencing a drug or alcohol overdose or other life threatening emergency given certain stated conditions.
2. The penal law is amended by adding a new section 220.78 to read as follows:
S 220.78 AFFIRMATIVE DEFENSE OF A WITNESS OR VICTIM OF DRUG OR ALCOHOL OVERDOSE.
AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "DRUG OR ALCOHOL OVERDOSE" OR "OVERDOSE"
This is lengthy so I'm not putting it all here. Suffice it to say there is no mention of a self-inflicted gunshot wound.
(B) "HEALTH CARE" MEANS THE PROFESSIONAL SERVICES PROVIDED TO A PERSON EXPERIENCING A DRUG OR ALCOHOL OVERDOSE BY A HEALTH CARE PROFESSIONAL LICENSED, REGISTERED OR CERTIFIED UNDER TITLE EIGHT OF THE EDUCATION LAW OR ARTICLE THIRTY OF THE PUBLIC HEALTH LAW WHO, ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE, MAY PROVIDE DIAGNOSIS, TREATMENT OR EMERGENCY SERVICES FOR A PERSON EXPERIENCING A DRUG OR ALCOHOL OVERDOSE.
2. IT SHALL BE AN AFFIRMATIVE DEFENSE TO A CONTROLLED SUBSTANCE OFFENSE UNDER ARTICLE TWO HUNDRED TWENTY OR A MARIHUANA OFFENSE UNDER ARTICLE TWO HUNDRED TWENTY-ONE OF THE PENAL LAW, OR FOR POSSESSION OF ALCOHOL BY A PERSON UNDER AGE TWENTY-ONE YEARS UNDER SECTION SIXTY-FIVE-C OF THE ALCOHOLIC BEVERAGE CONTROL LAW, OR FOR POSSESSION OF DRUG PARAPHERNALIA UNDER ARTICLE THIRTY-NINE OF THE GENERAL BUSINESS LAW, WITH RESPECT TO ANY CONTROLLED SUBSTANCE, MARIHUANA, ALCOHOL OR PARAPHERNALIA THAT WAS OBTAINED AS A RESULT OF SUCH SEEKING OR RECEIVING OF HEALTH CARE IF:
(A) THE DEFENDANT SEEKS IMMEDIATE HEALTH CARE FOR SOMEONE OR FOR HIM OR HERSELF WHO IS EXPERIENCING A DRUG OR ALCOHOL OVERDOSE OR OTHER LIFE THREATENING MEDICAL EMERGENCY;
(B) THE DEFENDANT HAS NO PRIOR CONVICTION FOR THE COMMISSION OR ATTEMPTED COMMISSION OF A CLASS A-I, A-II OR B FELONY UNDER ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW; AND
(C) THE CONTROLLED SUBSTANCE OR MARIHUANA WERE NOT POSSESSED OR PROVIDED IN THE CONTEXT OF A BUSINESS TRANSACTION.
3. THIS AFFIRMATIVE DEFENSE SHALL NOT BE CONSTRUED TO BAR THE ADMISSIBILITY OF ANY EVIDENCE OBTAINED IN CONNECTION WITH THE INVESTIGATION AND PROSECUTION OF THE CRIME WITH REGARD TO ANOTHER DEFENDANT WHO DOES NOT QUALIFY FOR THE AFFIRMATIVE DEFENSE.
4. THIS AFFIRMATIVE DEFENSE SHALL NOT APPLY TO THE PROSECUTION OF A CLASS A-I OR A-II FELONY UNDER ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW.
#19 Nov 17, 2012
Quick recap on that last one:
It was a whole lot of wording that said NOTHING about drug dealers who shoot themselves.
#20 Nov 17, 2012
Sorry, out of order. This should have followed Title and Purpose.
Fear of prosecution can be a real obstacle to seeking medical care for someone suffering from a drug or alcohol overdose. We don't want to condone drug use, but neither would we want to subject drug users to a death penalty. This legislation will limit the use of evidence relating to possession of a controlled substance, marihuana, drug paraphernalia or alcohol, where the evidence results from seeking treatment for a drug overdose, including where someone seeks treatment for someone else. In New York, overdose is the number one cause of accidental death, exceeding traffic fatalities. In 2008, over 1,350 people died from accidental drug overdoses in New York
State, an increase of more than 60% from 1999. The primary reason people do not call 911 or go to the hospital for an overdose is fear of prosecution.
#21 Nov 17, 2012
You wanna know why Stephanie had her charges dropped? Read the summary of provisions for subparagraph 2 again. She was the one having an overdose and she had no priors. Also, the amount of drugs they found in the room was below the state standard.
You wanna know why Jesus is facing charges? It's because he was stupid enough to mishandle a gun when he had a large amount of cocaine in his possession. No one feels sorry for drug dealers who accidentally shoot themsleves. You can embrace the LTME term all you want. When you go beyond just touting those words and you read/acknowledge/understand the legislation as a whole, it is very obvious this law was not passed to protect a person in his situation.
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