Should I make a deal with the cops to snitch against a drug dealer after I was caught with drug paraphernalia?

UPDATED: Jul 17, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 17, 2023

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UPDATED: Jul 17, 2023Fact Checked

Not without some thought. If they are offering a deal, make sure it is properly recorded; otherwise the prosecutor may not honor the deal. If you are using your connections to trap someone else, the police now have evidence that you may be involved in something bigger. See an attorney.

There is no simple answer to your question. There are both and legal and practical consequences and issues to consider.

Let’s start with the practical consequences. Outside of a law school classroom, practical consequences always have to be considered, because you are dealing with your life, not theory. Drug dealers are often not nice people; they frequently are willing to resort to violence, to either protect themselves or to avenge some perceived wrong done to them. They often have associates who will commit violence for them, even if they themselves are under scrutiny or are even locked up. While the police are very good about protecting their informants, they are not perfect—no one is. Therefore, you have to consider that doing this does expose you—and potentially your family (if any)—to some degree of risk.

Now, the legal consequences. Drug paraphernalia, without also finding drugs, is generally not a severe offense. The exact nature of the charge and its penalty varies from state to state. To use New Jersey as an example, possession of drug paraphernalia is only a “disorderly persons” offense, with a potential penalty of up to six months in jail and a $1,000.00 fine. Again, that penalty is “up to” those amounts, but could be considerably less—possible a small fine and probation. So, while you need to check what the law is in your state, you may not be looking at much in the way of potential penalties.

However, by agreeing to be an informant, you will be engaged (possibly) in buying drugs and/or could be revealing to the police details of other drug purchases or crimes you have committed. While the police should honor any agreement they make with you—IF it is in writing (never take a deal not in writing)—there are circumstances where they could refuse to honor the arrangement, such as if they believe you have not honored your end of the bargain. If that happens, you may have given the authorities ammunition to use against you.

Given all the above, do not enter into any deals without consulting with a criminal defense attorney. Let the lawyer weigh all the pros and cons as they relate to your specific circumstances and advise you as to what to do. If making a deal makes sense, let the lawyer negotiate it for you (to get the best deal possible) and also make sure it is properly documented (to make sure it is enforceable). In the meantime, say nothing. Remember, you have a Constitutional right to not incriminate yourself (the “right to remain silent” from police TV shows); that right is there for your protection, so take advantage of it.

Case Studies: Should You Make a Deal With the Cops to Snitch Against a Drug Dealer?

Case Study 1: The Risky Cooperation

Alex, a college student, was caught with drug paraphernalia during a routine traffic stop. The police offer him a deal: provide information about his drug supplier in exchange for a reduced sentence. Alex is torn between the fear of retaliation from the drug dealer and the desire to avoid a lengthy jail term. He weighs the potential risks and benefits before deciding whether to cooperate with the authorities.

Case Study 2: The Guilty Conscience

Emily, a young professional, finds herself in a difficult situation after being caught with drug paraphernalia in her apartment. Faced with the possibility of criminal charges, she contemplates cooperating with the police to expose a notorious drug dealer in her neighborhood.

However, Emily struggles with her guilt and fears the consequences of becoming involved in a dangerous underworld. She seeks legal advice to navigate the ethical and legal implications of her decision.

Case Study 3: The Complex Web

Michael, a long-time drug user, is apprehended by law enforcement for possessing drug paraphernalia. Aware of the severe penalties he might face, he considers collaborating with the police to gather evidence against a major drug trafficking organization.

However, Michael worries about the potential repercussions of his involvement, including strained relationships, personal safety, and the risk of being labeled as a “snitch.” He seeks guidance from an experienced criminal defense attorney to assess the potential legal and personal consequences before making a decision.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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