G.D. Hancock, Ph.D.
For Families
Someone has died of an overdose, and a person you love is facing charges for it.
These pages explain, in plain language, what those charges mean, what usually happens next, and where to find help. Each one answers a single question.
These pages talk about overdose, death and criminal charges.
A note from G.D. Hancock
I was so naïve about the U.S. criminal justice system until my son was arrested on a charge of drug-induced homicide and sentenced to 20 years in federal prison.
When it happened, I looked for anything that would explain what our family was facing. I found statutes written for lawyers, advertisements from law firms, and news stories about other people’s children. Almost nothing was written for families like ours.
I have spent the years since studying these laws — as a mother, and as a researcher. These pages are what I wish someone had given me in that first week.
— G.D. Hancock, Ph.D.
Start here
Choose the question closest to what you’re facing.
- What is a drug-induced homicide charge?A charge that treats supplying drugs that led to someone's death as a form of homicide. The people charged include friends, partners and fellow users — not only dealers.
- Can someone be charged for sharing drugs with a person who overdosed?Yes, in many places. In federal court and in many states, sharing drugs counts as distributing them, even when no money changes hands.
- My child has been charged. What happens now?What the process looks like from arrest to sentencing, how federal and state cases differ, and what you can do to help.
- What are mandatory minimum sentences?Sentences set by law that a judge cannot go below. In federal cases where a death-resulting charge is proven, the minimum is 20 years.
- Does calling 911 protect you?Sometimes, and partly. It depends on the state, and the protection is often narrower than people expect. If someone's life is at risk, call anyway.
- Questions to ask a defense attorneyA list to take to the first meeting, so nothing important is missed.
The law depends on the state. Look up your state’s drug-death and Good Samaritan laws, with the penalties and links to each statute.
If you’re struggling right now
What you’re going through is one of the hardest things a family can face. Grief, guilt, fear and anger can all arrive at once — for the family of the person who died, and for the family of the person charged.
You don’t have to carry it alone.
988 Suicide & Crisis Lifeline — call or text 988, any time, day or night. Free and confidential. For anyone in emotional distress, not only those thinking about suicide.
Call or text 988SAMHSA National Helpline — 1-800-662-4357, any time. Free, confidential help finding treatment and support for substance use, for the person using and for their family.
1-800-662-4357FindTreatment.gov — a government directory of addiction treatment near you.
Search
If someone you love is still using drugs, keep naloxone (Narcan) at home and learn how to use it. It can reverse an opioid overdose.
Finding a lawyer
The most important step anyone facing these charges can take is to get a criminal defense lawyer — ideally one who has handled drug-death cases before. These pages can help you understand what’s happening, but they can’t replace a lawyer who knows the details of your case.
If you can’t afford a lawyer.
Anyone charged with a crime who can’t afford a lawyer can ask the court to appoint one. In state cases this is usually a public defender. In federal cases it’s a Federal Public Defender or a private attorney appointed and paid by the court. The request is normally made at the first court appearance.
If you’re looking for a private attorney.
Your state bar association runs a lawyer referral service that can connect you with criminal defense lawyers near you. Ask any lawyer you speak to how many drug-death cases they’ve handled, and how those cases ended.
Before you speak to anyone else.
Be careful what you say about the case — to police, in text messages, or on social media — until you’ve spoken to a lawyer. What a family member says can sometimes be used in court.
You are not alone
Prosecutions like these have become far more common over the past decade, in federal courts and in many states. Behind every one is at least two families — the family of the person who died, and the family of the person charged. Often they knew each other.
Ours is one of those families. Read Scott’s story
If you’d like to hear more, our podcast looks at how the justice system treats addiction, and at real cases.
About this information
These pages give general information about the law. They are not legal advice, and they can’t tell you how any particular case will turn out — every case is different, and the law varies from state to state. Please speak to a lawyer about your own situation.