Can Illegal Behavior Be A Side Effect Of Legal Medications?

All drugs can have side effects, but most of them are mild and do not add interesting plot twists to your tales of illness and recovery. For example, the painkillers that doctors give you after surgery might put you in a weird mood where you say things that you wouldn’t say in your right mind, but mostly they just make you sleep. Nausea and diarrhea are common side effects of antibiotics, but a tummy ache does not add much detail to your impressive story of when your neighbor’s dog bit you, and the bite got infected. Some drugs, while not within the repertoire of recreational drugs, and therefore not on the list of controlled substances, can make you act out of character. Cabergoline is a prescription medicine that fertility doctors sometimes prescribe to patients after IVF egg retrieval and other treatments meant to stimulate ovulation; it prevents the ovaries from hyper stimulating in the luteal phase of the menstrual cycle. One of the side effects listed on the pamphlets distributed with the drug is that it can cause gambling and other risky financial decisions. There is no meaningful legal difference between maxing out your credit card after taking cabergoline as prescribed by a doctor and maxing out your credit card because you were drunk or because you were high on weed or cocaine, but sometimes, when you get accused of behaving badly while under the influence of drugs, it matters why the chemical in your bloodstream that emboldened the devil on your shoulder got there. To find out more about the involuntary intoxication defense in Florida criminal cases, contact a Tampa criminal defense lawyer.

What Is the Involuntary Intoxication Defense, and Does It Really Work?

The involuntary intoxication defense is part of a category of defenses that argue that the charges do not apply because the defendant lacked criminal intent. As with the insanity defense, you are arguing that you cannot be held criminally liable for an illegal action, such as assault or theft, because you did not understand what you were doing, and therefore did not know what you were doing.

For this defense to work, you must prove that you did not intend to become intoxicated, that you used reasonable caution not to. For example, you might argue that you drank a non-alcoholic beverage at a party, but someone added illicit drugs to your drink without your knowledge, and your memories of what happened in the ensuing hours are hazy. You might also argue that you took a prescription drug as directed by your doctor, and your erratic behavior was a known, but rare, side effect of the drug. The involuntary intoxication defense does not work if, for example, you bought a prescription pill from an acquaintance, but it turned out to be a fake and to contain a stronger drug that you thought it did.

Contact Tampa Criminal Defense Attorney Bryant Scriven

A criminal defense lawyer can help you get justice if you are facing criminal charges after a bad, and unexpected, drug experience.  Contact Scriven Law in Tampa, Florida to schedule a consultation.

Source:

justia.com/criminal/defenses/intoxication/