Q: Can he get charged with anything even if he didn’t sell any? My friend told a cop he sold drugs. But when the cop went to go get the money he left. He never sold him anything just told him he had it can he get charged with anything? (Pittsburgh, PA)
A: I really doubt it. There is no physical evidence-no drugs, no money, no witness to a delivery. There are people that confess to murders all the time who didn’t commit them. They do this because they have mental health issues. People say all sorts of things. I don’t think it even arises to the level of attempt or conspiracy as there is no overt act toward the expressed verbal intent. Tell your friend to not talk to guys who look like body builders, have shaved heads and act like they need drugs. They are probably cops.
Q: My friend on parole and entered a re-entry program for work. She used synthetic urine for drug test. They sent it in to lab and now they say she failed drug test. She went in to program today they let her come home. Now they work with parole. Will they call parole and report that she failed urine? (Oil City, PA)
A: I have heard of synthetic marijuana and synthetic motor oil but have never heard of synthetic urine. It must be my age. I do not think his employer will divulge drug test results to the government without his signed release. It depends what he has signed, however. If he released this information, fake urine would be deemed a failed test.
Q: The police came to my house and said I sold drugs to an informant. I did not do this. They want me to go buy from other people threatening me with felony jail time. (Pittsburgh, PA)
A: It is possible as police can use a certain amount of trickery or deception in their work. On the other hand, perhaps someone else lied to them about you. In either scenario, do not speak with the police and find yourself a lawyer. Once your lawyer contacts them and informs them that you are represented, they will quite harassing you and go through your attorney. Remember, most convictions are based on statements made by the accused. Don’t give them information they can use to convict you.
CRIMINAL LAW, DRUGS, INFORMANT, CONFIDENTIAL INFORMANT, CONTROLLED BUYS
Q: In 1999 when through a divorce, did not know how to accept it. I was introduced to drugs got caught. Now, after 18 years this past is haunting me. This was my first offence and only conviction.
A: It depends if you were convicted, and if you were, if it was an ungraded misdemeanor for possession or a felony for possession with intent to deliver or delivery. I would check your record to confirm what happened when you went to court in 1999.
Q. The cops showed up to my on campus dorm room while I was not there. My roommate called me and I came. They had already confiscated paraphernalia and a small amount of marijuana from my roommate. I arrived and was told that the officer would stay in my room until a warrant was made, leaving me with no choice but to consent to the search. They found under 30 grams and a small digital scale in my top drawer and have charged me with possession and a paraphernalia charge. Do I have any defenses? I told them that it was left there by someone who my roommate had let in earlier that day and I didn’t know who it was. Could I possibly claim unwitting or fleeting possession?
A. You should get an attorney, soon. I don’t know all the facts but if you want to fight it, you may have an illegal search defense. Again, an attorney would have to hear all the facts to assess whether there was a constitutional violation. The possible defense that the drugs did not belong to you even though they were found in your drawer, is a more difficult challenge. At this point you don’t even know what your roomate has said or will say. If you are a first time offender, you may get out of this without a record-that is good news. The bad news is, is that you may get booted off campus or from school altogether.