Drug/Narcotic FAQ's
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I use drugs, but I have never sold them. The police arrested me with some heroin and charged me with possession for sale. Is that right?
The law does not require the police to prove you DID sell, just that your intent was to sell. This is done by the circumstances of the possession and by expert opinion of the police. Factors such as the way it is packaged (many small bindles -- "packaged to sell"), and what is found with it (such as scales) can fill in the person's likely intentions. In addition, experienced narcotics officers will be allowed to testify that from their experience these factors and the quantity found are consistent with an intent to sell the drugs.
I got busted with two rocks of cocaine and the first time in court prosecutor offered to let me plead to the possession for one day in jail and probation. Should I take it?
That depends on a number of factors. Why did the prosecution make such an offer off the bat? Is there a problem with his case? Could it get thrown out on legal grounds? What are the consequences of prior convictions in your state? How much time can you serve if you are found in violation of probation? What are the chances of avoiding any conviction at all by trying the case? What effect will this conviction have on your immigration status? Your ability to get a government job? Your ability to get bonded, or to get a professional license? You could even lose your eligibility to receive public assistance or to drive, depending on your jurisdiction's laws. There may even be programs that allow you to do drug counseling and other things in exchange for an eventual dismissal of the charges. In other words, the issue is so complicated and far reaching that even if you want to plead guilty, you still need a lawyer's advice so you know fully what you are doing.
What gives? My buddy Reno gave me a drive downtown and the cops pulled him over. They found a balloon of heroin in the open ash try and they charge me along with him. Those were not my drugs. How can they do that?
This is a common misconception: that ownership of the drugs controls. It's the POSSESSION that is illegal, and you do not have to have something in your hand or pocket to "possess" it. The police don't know that it was the driver who put the heroin in the ash tray (which sits right between the two of you). Unless your buddy talks and claims it, he's leaving the possibility open that he was innocent and they were yours. As a result the police will arrest everyone who was within arm's reach of it. This is a case you will certainly want to fight aggressively, but also be aware in the future that whom you hang out with can have serious consequences. Just being near illegal drugs is dangerous, even if you are not into drugs.
I got stopped by a traffic cop for a busted tail light and then, without my permission, he searched my car and found some pot in the trunk. At the hearing he said he knew i had drugs because he saw seeds on the floor and they were in "plain view", but the drugs in the trunk weren't. Can a lawyer get the drugs excluded from evidence as illegally seized?
Not if you assume the fact that he did see the seeds. That would give him "probable cause" to search for drugs elsewhere. But did he seize any seeds from the floor to mark into evidence? Do you dispute his claim that there were seeds on the floor? If so, your lawyer might attack his testimony on the lack of physical evidence. In addition, there is the issue of whether you KNEW the drugs were in the trunk. You should see a lawyer. Any drug case has many issues that can determine whether you get convicted or the case dismissed.
I have heard the term "unwitting possession". What does it mean and is it a valid defense?
Unwitting possession means that you possessed a contraband substance without knowing you had it. The classic case is mail carriers - they deliver a package containing cocaine but are not guilty of possessing cocaine because they didn't know (and had no way to know) that cocaine was in the package. The other classic case is borrowing someone's car and the owner had cocaine stashed in the door frame. Some states allow unwitting possession as a defense, some add the 'had no reason to know' element, some don't allow it at all. The defendant usually has the burden of proving unwitting possession by a preponderance of the evidence.
I had been using drugs for some time. Right after I purchased new supply I was arrested and charged with possession with intent to sell. How can they do this when the police have no evidence that I ever sold any drugs to anyone?
If you were charged with possession with intent to sell drugs the police do not have to prove an actual sale; only your intent to sell the drugs. If you had just purchased the drugs you might have more in your possession than required for one or two uses. Also it might be packaged in several small packages which might indicate you intended to sell it to others. It might be important where you were arrested: at home or in the vicinity of a drug market. Many times these charges are highly speculative. However, if you are successful in rebutting the charge of possession with intent to sell, the police would still have the conviction for simple possession.
The narcs planted a rock of cocaine on me when they arrested my buddy with his stash. The particular cop who did it doesn't like me because i refused to snitch for him and laughed when he said "looks like payback time." I do have a drug history but I've been clean for two years. I know the judge will believe the cops and not me. What can I do?
This is a difficult situation. Many more people claim they were set up than actually were, but it does happen. There is a lot of research and investigation to do before you decide what to do. If the law allows it in your state, your lawyer should bring a motion to find out if this cop has had citizen complaints about lying and planting evidence before. Gather up witnesses who know you well and know you have been off drugs for two years, especially people present when you have refused offers of drugs. Your lawyer might have an investigator talk to the other cops involved in the operation, or do so himself. If one was not really comfortable with what happened, he might assist in some way, perhaps behind the scenes. Don't expect any officer to testify that he saw evidence planted.
I was arrested at a location known as a "open air drug market". The police raided the place while I was there and I was found to have drugs on me. I was only charged with possession, but the police didn't arrest the man who sold them to me. What is going on? Why didn't he get arrested?
It could be as simple as the fact that they didn't see the actual sale. It could also be because he is a cooperating individual who is working with the police. He could also be an undercover policeman who will turn up at your trial to testify that you bought it from him in the event that you claim the drugs were planted or raise some other defense. In any event the fact that he was not arrested doesn't really help you much. If they missed the sale, it is just how it worked out. If he was an undercover cop you will have a difficult time raising an entrapment defense because you were in a drug market.
(from www.FreeAdvice.com )  |
