Can they charge you with a level 4 dealing in narcotics if there is no actual drug evidence to be weighed

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Can they charge you with a level 4 dealing in narcotics if there is no actual drug evidence to be weighed

Said was caught on camera or video
dealing in narcotics. Video is horrible
and there is no actual drug in evidence
to be weighed or checked. Can a person
be charged with something like that if
the only evidence is a bad video?
With no proof of the drug.

Asked on July 26, 2018 under Criminal Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can be charged  if the video and any other evidence (e.g. any statements by any other persons involved) makes it appear that there is "probable cause" (basically, that it is more likely than not) that you were dealing. That is not a particularly high "hurdle" to get over--if it looks like drug dealing on the tape, that's enough to charge.
However, it may not be enough to convict: a conviction requires proof "beyond a reasonable doubt," which is basically that it is at least 90% likely that you were in fact dealing. With a poor-quality vidoe and no physical drug evidence, they might not be able to reach that level of proof, unless there is compelling and credible testimony from someone else (e.g. someone who claims they were buying from you).


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