Can someone be charged with transportation/sales of narcotics, if they didn’t find any drugs?

Asked on July 24, 2015 under Criminal Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, they can be, if there is other credible evidence that shows that they were transporting or selling drugs. Such creedible evidence can include testimony by undercover officers, such as those doing controlled buys, or by confidential informants, or by drug dealers or their clients who testify against the person in exchange for some reduction in their own sentence(s).   (Obviously, some of these sources are credible than others.) Other credibile evidence can include photographs/videos and email/text messages. It is certainly more difficult to charge, let alone convict, without the drugs, but not impossible.

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