San Diego Criminal Lawyers Blog
Andrew Kornfeld, the son of the California addiction specialist who was hired to treat the late singer Prince, could face criminal charges for possessing a prescription drug (Suboxene), which is used to help kick opiate addiction. Kornfeld was at Prince’s estate when the singer was found dead in an elevator. Kornfeld was the one who made the 911 call. Kornfeld was on the scene in his capacity as a consultant for his father’s California outpatient addiction clinic, Recovery Without Walls.
The drugs were taken into possession by the Carver County Sheriff’s Office, as they are considered a controlled substance in Minnesota. According to criminal Defense lawyers, the Minnesota Good Samaritan law does not protect Kornfeld from drug charges because he had those drugs prior to Prince’s death. In Minnesota, possessing Schedule III controlled substances like Suboxone without a prescription is punishable by up to five years in prison and a $10,000 fine.
Can I Get in Trouble for Being a Good Samaritan?
Good Samaritan Laws are meant to protect someone from civil or criminal liability if they accidentally hurt someone while trying to help them, and to encourage people to be kind to each other. Under the California Health & Safety Code § 1799.102, a good samaritan is someone who renders emergency or non-emergency care at the scene of an emergency without expecting compensation for his or her actions.
Specifically, the law says that ” No person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission.”
Additionally, California enacted Assembly Bill 472, which became effective on January 1, 2013. It amended § 1799.102 to protect those witnessing a drug overdose, including those who were using or possessing drugs themselves from criminal charges if they called 911 or tried to help the victim.
Other Relevant Laws
Under Cal. Veh. Code § 22350, ” No person shall drive a vehicle at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and surface and width of, the highway. In no event, shall a speed such as to endanger the safety of persons or property.” In other words, even in emergency situations you can still be pulled over.
Best practices always involve documentation. While there is nothing to keep an officer from ticketing you, you can contest a ticket. If you are speeding to the hospital because your wife is having a baby, for example, it is up to that officer’s reasonability and how far above the speed limit you were going.
San Diego Criminal Defense Attorney
The Law Offices of David M. Boertje has handled all types of misdemeanor and felony criminal cases in San Diego County. Do not try to fight criminal charges alone. We have successfully represented many defendants, including those charged for drug charges or a crime while trying to be a good Samaritan. If you have been charged with any crime, contact attorney David Boertje today. Consultations are free and confidential.