Can charges be pressed based solely on the possession of an imitation substance? 38 Answers as of June 11, 2013

Given strong circumstantial evidence to suggest large-scale drug trafficking (i.e. multiple packages of Imitation Controlled Substances on a personal boat), could charges be pressed based solely on the possession of an imitation substance and strong evidence to suggest drug trafficking?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Charges could be filed but they may not be able to prove tit because the substance is not a controlled substance. However there may be other crimes that could be charged.
Answer Applies to: New York
Replied: 10/31/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You can be charges with attempted sale or possession of drugs even if they are fake drugs, but your attorney will likely be able to get the charges dismissed.
Answer Applies to: New York
Replied: 9/2/2011
Ramsell & Associates LLC
Ramsell & Associates LLC | Donald Ramsell
Delivery of a look-alike substance is illegal in most states, including Illinois.
Answer Applies to: Illinois
Replied: 9/1/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Short answer is...yes. There are statutes prohibiting the sale or possession of imitation controlled substances. The specific facts of the case will determine whether charges would be filed. If you are charged, you should consult with an experienced Drug attorney.
Answer Applies to: Kansas
Replied: 8/31/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
I believe that you already know the answer to the question. It is yes. You should hire an attorney to review the facts in the case to see whether there are warrant defects or other evidence deficiencies which may provide a defense.
Answer Applies to: Michigan
Replied: 8/31/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    Yes, potentially. Of course, simply because a person is charged does not mean that ultimately they will be convicted. A person is presumed innocent until guilt is proven beyond a reasonable doubt. I'd recommend you retain a lawyer to assist you with these matters or request a court-appointed attorney if you cannot afford to retain one.
    Answer Applies to: Michigan
    Replied: 8/31/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes.
    Answer Applies to: Michigan
    Replied: 6/9/2013
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Absolutely. It's called "Possession of a Counterfeit Substance with intent to deliver." If the substance is packaged for sale and is being offered as drugs, it's just as illegal. Plus the people buying bunk might get ugly pretty damned quick.
    Answer Applies to: Washington
    Replied: 8/30/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    Yes.
    Answer Applies to: Michigan
    Replied: 6/9/2013
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Possession of an imitation controlled substance is a crime, so yes, you may be charged. I suggest you consult an experienced Criminal Defense attorney to discuss your case in greater detail and learn all of your rights and options.
    Answer Applies to: Florida
    Replied: 8/30/2011
    Judin & Rogers
    Judin & Rogers | Hank Judin
    Yes.
    Answer Applies to: Texas
    Replied: 6/9/2013
    Kevin Smith, Attorney at Law
    Kevin Smith, Attorney at Law | Kevin Smith
    The process for "pressing charges" requires the law enforcement officers to have probable cause that a crime is occurring or has occurred. In most cases where the crime has already occurred or is considered to be ongoing, the law enforcement officers will apply for a warrant to either search or seize a person, place, or thing. In order to get the warrant, they must present it to a judge who must read it and agree that there is probable cause before he or she signs the warrant. In your case, you will need to contact an experienced criminal defense attorney so that you can discuss your case in confidence, as the real issue here will revolve around the "imitation" substance and the laws surrounding its possession. This is not something that you should discuss with law enforcement or anyone else until you have consulted with an experienced criminal defense attorney.
    Answer Applies to: Connecticut
    Replied: 8/30/2011
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    Yes, Oregon and Washington have statutes regarding selling and/or distributing imitation illegal substances.
    Answer Applies to: Oregon
    Replied: 8/30/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Yes, charges can be pressed. Whether you can be found guilty depends on the facts.
    Answer Applies to: California
    Replied: 8/30/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    The government would need likely some evidence of an illegal substance to charge a person with trafficking under those circumstances. However, if the legal drugs were actually "precursors" to illegal drugs, possession with intent to distribute of attempt to manufacture could be charged.
    Answer Applies to: Colorado
    Replied: 8/30/2011
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    Yes. Illinois does have laws prohibiting the possession and sales of "look alike" controlled substances.
    Answer Applies to: Illinois
    Replied: 8/30/2011
    Law Office of Ernest T. Biando, LLC | Ernest Biando
    Yes charges are generally brought on very little evidence-my office has defended numerous clients with the same charges and evidence.
    Answer Applies to: Massachusetts
    Replied: 8/30/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Yes. Under Minnesota Statutes 152.097 it is a felony offense to possess or sell an imitation controlled substance.
    Answer Applies to: Minnesota
    Replied: 8/30/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    It is illegal to create, deliver or possess a counterfeit controlled substance.
    Answer Applies to: Washington
    Replied: 8/30/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If there was an attempt to sell a drug, even if it was imitation, there could be charges.
    Answer Applies to: Michigan
    Replied: 8/30/2011
    Halprin Law Office
    Halprin Law Office | Richard Halprin
    Depending on what the imitation controlled substance is, the likelihood is that you can be charged.
    Answer Applies to: Michigan
    Replied: 8/30/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I am also a former state and federal prosecutor. The simple answer is, yes, so we recommend you retain an experienced criminal attorney ASAP! Good luck.
    Answer Applies to: Georgia
    Replied: 8/30/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Yes, Alabama has an imitate substance law. If you believed that the substance was the real thing you could be charged.
    Answer Applies to: Alabama
    Replied: 8/30/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    Yes.
    Answer Applies to: Missouri
    Replied: 6/9/2013
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    August 29, 2011 Police can always charge someone if they feel they have sufficient evidence to charge. The District Attorney's office, it has been said, could indict a ham sandwhich. What counts is whether there is sufficient evidence to convict after charges are pressed.
    Answer Applies to: Alabama
    Replied: 8/30/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    If the substance does test positive for a specific drug on the list of controlled substances banned in Minnesota then they cannot be charged with a sale offense.
    Answer Applies to: Minnesota
    Replied: 8/30/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It is illegal to possess with the intent to distribute an imitation controlled substance. It is also illegal to manufacture or use an imitation controlled substance. These are violations of MCL 333.7341 and all the elements would have to be proven before a conviction could be entered. The first offense is a civil fine. The subsequent offense is a 93-day misdemeanor.
    Answer Applies to: Michigan
    Replied: 8/30/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes. Remember every charge out there also has an "attempted" version.
    Answer Applies to: California
    Replied: 8/30/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Maybe. It depends on the quality of the "strong evidence".
    Answer Applies to: New York
    Replied: 8/30/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Imitation substance??? Were you trying to pass it off as the real thing? You haven't given me enough info, but you could be charged with drufr trafficking. Consult with an attorney.
    Answer Applies to: Washington
    Replied: 8/30/2011
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