Can I be charged with possession and can that charge be changed to a drug sell? 30 Answers as of September 15, 2012If a transaction was exchanged drugs for money then the dealer later gets arrested and charged with possession for the drugs he sold. How can the police charge him with possession? Shouldn’t that be a "sell" charge instead of a "possession"?
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
Sale or "Delivery" is more serious than mere "Possession." It could be amended later.
Answer Applies to: Pennsylvania
Law Offices of John Carney | John Carney
If the police can prove that you sold, exchanged, or gave a person drugs that is a "sale" and a more serious charge. If they can only prove that you had possession of drugs they can charge you with possession or possession with the intent to sell, which is a much more serious B felony that has a maximum of 9 years in jail. You should retain a good criminal lawyer to handle the case and contest the search and seizure of the drugs.
Answer Applies to: New York
Nelson & Lawless | Terry Nelson
Can they charge you? Of course. On any charge they think they have evidence and can convict you. You?ll learn the actual charge[s] and any enhancements filed and get copies of all the police reports and prosecutor's evidence when appearing for arraignment at the first court hearing. Police and prosecutors can add or amend charges at any time. Can the case end up being reduced or dropped? Sure. But, the police and prosecutors don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight, and a reason to do so. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answer Applies to: California
Reza Athari & Associates, PLLC | Seth L. Reszko
The DA can issue a charge of possession to the dealer. Off the top of my head, one of the statutes relating to possession also includes sale of drugs. Notwithstanding, the DA has the authority to charge the dealer with possession without a sale element.
Answer Applies to: Nevada
Natty Shafer Law | Nathaniel Shafer
It probably should, but a possession charge is easier for the prosecution to prove since they just have to show that at one time you had the drugs. On the positive side of things, a possession charge is less harsh than a selling charge.
Answer Applies to: Utah
Law Office of Brian K. Wanerman | Brian K. Wanerman
The police can't charge anybody with anything. Only the District Attorney (Or U.S. Attorney on a federal charge) has the authority to charge someone with a crime. They can charge you with possession if you knowingly possessed illegal drugs. They can charge you with possession for sale if you possessed the drugs with intent to sell them. But, in both cases, the prosecution must prove these things beyond a reasonable doubt. They might only charge possession if they don't think the have enough evidence to prove possession for sale.
Answer Applies to: California