Can a spiked drink absolve you of criminal actions?
The answer is, it depends. This issue was brought front and center by an interesting case in which the suspect claims her drink was spiked which lead to a crime spree that ended in homicide (i.e. the death of another person). Usually, you need to intend to do something for it to be a crime. The law interprets intent very loosely and implies intent in many situations. For example, if you were drunk (voluntarily) and hit and kill someone. The law presumes intent because you chose to drink, which triggered the series of actions which resulted in someone?s death. This post will go over this case and the limits of her defense.
The crux of the suspect?s defense is that?s he lacked the intent to commit these crimes because her drink was spiked. The theory is that she was merely the “tool” of the real culprit, the person who spiked her drink. She did not intend to come under the influence of drugs and commit those criminal actions; she was induced by the real guilty party, the person who drugged her.
But proving these cases is complicated. Unless you receive a blood test and toxic chemical screen soon after your arrest, it is likely that any trace of the toxin is scrubbed from your body. So, while her argument may be based in fact, she will have trouble substantiating it.
Additionally, involuntarily drugged actions are usually excuses for most crimes. For example, if someone kidnaps your children and forces you to rob a bank, you are usually absolved from the bank robbery crime because you were forced. But, and this is a big exception, it does not absolve homicide. The law does not permit people to trade the lives of innocent third parties for their own or the life of a loved one, being involuntary drugged is never a defense to homicide. So, while this defense may work on some charges, she is out of luck on the homicide charge.
If you are charged with a crime, you may want to contact a defense attorney as soon as possible. If you are facing vehicular homicide charges, the potential consequences are severe. A lawyer can represent you and ensure that you are treated fairly by the courts, prosecutor, and police. The prosecutors have an enormous advantage over defendants who are unrepresented, you will want the assistance of an attorney to ensure that you are treated fairly.
Neil S. Ruskin
188 Montague Street Suite 900
Brooklyn, NY 11201
Local: (718) 237-1547