Can I be prosecuted for attempting to buy drugs? 44 Answers as of July 03, 2013

If person 1 agreed to buy drugs from person 2, but then backed out of the deal after person 2 got the drugs, is person 1 guilty of anything other than a potential conspiracy?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Yes, depending on the factual circumstances, the person you described in the hypothetical situation could be prosecuted. Whether the prosecutor could ultimately get a conviction is a different question. Anyone charged with a crime is presumed innocent until proven guilty beyond a reasonable doubt.
Answer Applies to: Michigan
Replied: 11/16/2011
Law Office of James A Schoenberger
Law Office of James A Schoenberger | James A Schoenberger
Yes, unlawful possession of a controlled substance (UPCS) can be attempted UPCS (both felonies) or solicitation to commit UPCS - a misdemeanor. But if you truly backed out, there should not be criminal liability.
Answer Applies to: Washington
Replied: 11/16/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
If a person approaches a person thinking that person is a drug dealer and asks to buy drugs and has the money with him for the drugs that person is guilty of attempting to buy the drugs.
Answer Applies to: California
Replied: 11/14/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Yes, an attempt to purchase contraband can result in criminal charges.
Answer Applies to: Kansas
Replied: 11/14/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Getting involved at all is the mistake. You could be charged even though you backed out at the last minute. Charges which are possible include attempt and conspiracy. Attempt could be charged. The penalty is 1/2 of the full penalty Conspiracy could be charged. This has the same penalty as the full charge. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 11/14/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Under the facts you lay out, attempted purchase is all that could be charged. Keep in mind, however, that the police will probably be told a story very different from that if the drug dealer is the person telling the story. Then you will be put in a situation where it is your word against theirs.
    Answer Applies to: California
    Replied: 11/14/2011
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    Even with conspiracy, you need "an overt act in furtherance of the conspiracy" to make you guilty. In other words, you must do something other than just make a statement that you want to do something.
    Answer Applies to: New York
    Replied: 11/11/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    What you have will probably be charged as criminal attempt to purchase the drugs. Still illegal; still a felony.
    Answer Applies to: Georgia
    Replied: 11/11/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    Yes. Let me qualify this response by saying that much more detailed information is needed to accurately answer this questions. But conspiracy is a crime and a serious one. if you enter into a plan to purchase drugs and, at some point, you decide to back out, this may be a defense and/or mitigating factor in the case but it does not necessary absolve you of liability.
    Answer Applies to: California
    Replied: 11/10/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    No.
    Answer Applies to: Minnesota
    Replied: 6/2/2013
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Maybe.
    Answer Applies to: New York
    Replied: 6/2/2013
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Depending upon how far person # 1 went, he may be guilty of an attempt. However, if one withdraws from a plan to buy drugs and communicates that withdrawal, it can be a complete defense to any charge.
    Answer Applies to: Colorado
    Replied: 11/10/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    You could be charged with attempted possession though this is unusual and almost always the result of a sting operation conducted by the police.
    Answer Applies to: California
    Replied: 11/10/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Depends on how far along the "sale" was.
    Answer Applies to: Michigan
    Replied: 7/3/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You probably do not have anything to worry about, as you never bought the drugs. The worst you could be charged with is attempt to buy drugs, however, these cases here in the Chicago area are generally dismissed outright, if the police even bother to charge you. I would suggest you do not even communicate with drug dealers, you are flirting with disaster.
    Answer Applies to: Illinois
    Replied: 11/10/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    No, I don't think so.
    Answer Applies to: New York
    Replied: 6/2/2013
    Reza Athari & Associates, PLLC | Seth L. Reszko
    There is no crime for buying drugs. But, you can be charged for conspiracy or as an accessory. Of course, if the drugs were in your possession, you can also be charged for possession. Good luck.
    Answer Applies to: Nevada
    Replied: 11/10/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You could be charged with conspirarcy that is enough to ruin your whole year!
    Answer Applies to: Alabama
    Replied: 11/10/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Nope. Maybe they can sue you, but can't be sued for illegal activity. Maybe conspiracy, but that's it.
    Answer Applies to: Texas
    Replied: 11/10/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Yes, the other person got the drugs at your request and the two of you could be considered as acting together.
    Answer Applies to: Michigan
    Replied: 11/10/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    That's not a conspiracy. A conspiracy requires for two people to agree to commit a crime that could be committed by one. So the buyer and seller in a drug transaction are not conspirators. That crime is an attempted possession of a controlled substance, and, if the prosecutor is unusually aggressive, might also be aiding and abetting the supplier's purchase of drugs.
    Answer Applies to: Oregon
    Replied: 11/10/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Possibly. It would depend on who made the initial offer because that could trigger possible solicitation charges.
    Answer Applies to: Michigan
    Replied: 11/10/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you planned a crime, attempted to commit a crime, or conspired to commit a crime you cam be charged in state or federal court. There is a defense of withdraw and if you backed out your attorney may be able to have the charges dismissed or reduced. You have not given me enough information to evaluate your case. Feel free to call for a consultation. Ordinarily, if you did not buy the drugs then you would not be guilty of a crime, even if you said you would buy them. Your agreement to purchase drugs could be considered a "conspiracy" in federal court, but it would be a much weaker case in state court.
    Answer Applies to: New York
    Replied: 11/10/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    You can be charged with attempt.
    Answer Applies to: California
    Replied: 11/10/2011
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    Yes, for conspiracy, as you said. However, it would be your word against person 2, so without any other evidence, the State would have a hard time proving your guilt beyond a reasonable doubt. I suggest you speak to an attorney before you say anything to the police.
    Answer Applies to: New Jersey
    Replied: 11/9/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You don't say whether or not you actually took possession of the drugs or exchanged any money. These are all critical factors. I don't have enough facts to tell you what could happen.
    Answer Applies to: Washington
    Replied: 7/3/2013
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Renunciation of intent to commit a crime is a valid defense in Tennessee.
    Answer Applies to: Tennessee
    Replied: 11/9/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    A conspiracy to do something has the same punishment as the completed crime. Depending on the balance of the facts/evidence, this looks like an attempt to sell by #2 but nothing as to #1.
    Answer Applies to: California
    Replied: 11/9/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    It really depends but possibly an attempted possession. Do not discuss case with anybody especially the police.
    Answer Applies to: New Hampshire
    Replied: 7/3/2013
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Conspiracy is not inconsequential. You could be charged.
    Answer Applies to: New Jersey
    Replied: 7/3/2013
    Connell-Savela
    Connell-Savela | Jason Savela
    Potentially attempted possession. Additional facts may lead to more charges, such as if there was evidence of a plan by person 1 to sell or otherwise distribute the drugs.
    Answer Applies to: Colorado
    Replied: 11/9/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Maybe. Depends on what the agreement was. Depends on who said what and who did what. If you agreed to buy drugs from another person and then announced before you went any further then you may not be guilty. On the other hand if he acted by getting drugs to deliver to you based on what you said then you were possibly involved as a principal or conspirator. If the person was a drug dealer and you agreed to buy drugs but then realized you were doing wrong and announced you were not going to act in an illegal manner you may have saved yourself. Then again...
    Answer Applies to: Florida
    Replied: 11/9/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    You can be prosecuted provided the prosecution has probable cause.
    Answer Applies to: Massachusetts
    Replied: 11/9/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    An attempt to commit a crime means that the Defendant has taken a substantial step towards the completion of the crime. The conspiracy crime was completed once you agreed to buy drugs. I believe that also qualifies as taking a substantial step toward buying the drugs as well. Attempt carries the same consequences as if the crime was actually completed.
    Answer Applies to: California
    Replied: 11/9/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    Yes, you can be charged with the crime of "attempt".
    Answer Applies to: California
    Replied: 11/9/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    In this case the drugs were bought so there may be an attempt to prosecute.
    Answer Applies to: Texas
    Replied: 11/9/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The only potential charges would be attempted possession or conspiracy to possess. The problem is that the conspiracy is a felony. Therefore you should remain silent about this and assert your right to have counsel present if contacted by police. And take it from an ex drug prosecutor, drugs are a one-way street to disaster. There's no such thing as a casual drug user and you would be better off exiting that lifestyle.
    Answer Applies to: Washington
    Replied: 11/9/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    For a conspiracy, there must be an agreement and "overt acts" in furtherance of the conspiracy. Just agreeing isn't enough. Giving money for the purchase - may be enough. Agreeing, but not going forward in some meaningful way? Probably not enough. For an attempt, there must be a direct, but ineffective step towards the commission of the crime. You must have tried to possess drugs, but were prevented in some way (such as somebody sold you talcum powder, not cocaine). This type case is very fact-dependent, so a thorough analysis of the case needs to be done. If you're asking in a hypothetical way, wondering if you could get in trouble.... yes - you could. Potentially. Keep your mouth shut about any of this so there aren't any statements that can be attributed to you and make their case for them if they don't already have one. If we're talking about an investigation into a significant amount of drugs being brokered, then it would probably be wise to contact an attorney to discuss this more thoroughly and have somebody on standby in case things hit the fan.
    Answer Applies to: California
    Replied: 11/9/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes.
    Answer Applies to: Michigan
    Replied: 6/2/2013
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    You could potentially charged be charged with some sort of attempt, but if you were never in possession of the drugs and no deal took place, it is unlikely that any charges will be brought.
    Answer Applies to: Minnesota
    Replied: 11/9/2011
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    Maybe attempt at Receiving in Commerce, which is (19) of the Drug Act. It is essentially buying drugs.
    Answer Applies to: Pennsylvania
    Replied: 11/9/2011
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