Tag Archives: INFORMANT

Can you be charged with selling drugs if the informant receives no drugs?

Q: If someone agrees to sell someone drugs during an attempted controlled buy to the cops and the person realizes what is going on and then refuses to sell the drugs, can the person still be charged? The informant never received drugs and still has the buy money? In other words, do the police need the drugs in hand as evidence to charge someone with selling drugs? (Pittsburgh, PA)

A: I would need more information to give a definitive answer. However, based on what you say, I think the “someone” may be charged with Possession with Intent to Deliver, a Felony. This would be based on that “someone” possessing drugs, and behavior consistent with an intention to distribute, even if no distribution occurs. I advise the someone to find a lawyer as there may be enough facts to work with to have the charge bargained down to Possession.

Can the police lie to me to make me an informant?

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.