CanI be prosecuted for sale or delivery of cocaine ifI was invited to use a small amount?
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CanI be prosecuted for sale or delivery of cocaine ifI was invited to use a small amount?
I was arrested for sale and delivery and I think that the only evidence is a video made by a confidential informant himself. Is that enough to convict me of sale and delivery if I was just there to partake in the using of the drug?
Asked on October 20, 2010 under Criminal Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You need to consult with a criminal defense attorney. There is no single right answer--it will depend on the circumstances, the exact evidence, witnesses, etc. The short answer is, if it there is enough evidence, based on video footage and testimony (such as from the informant) to likely convince a jury beyond a reasonable doubt that you were selling and/or taking delivery, they can be charged and might be convicted. The issue is what does the evidence appear to show. An experienced lawyer can help you evaluate the evidence; can advise you as defenses you might have; can recommend whether you should try to plead (the criminal equivalent of settling a civil case); and if appropriate, can help you negotiate with the authorities. If you've been arrested for sale and delivery, you *need* an attorney--and remember: you have a right to one. If can't afford a lawyer, one must be appointed for you. Exercise your right to an attorney and don't talk to the authorities (you have a right to remain silent) until you talk to counsel. Good luck.
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