If he gives information on the real drug dealer, do you think he will just get probation? 1 Answers as of March 20, 2014

My friend was just arrested about a few days ago at a club for selling drugs MDMA. Here are the facts. My friend was sitting down in a club and someone approached him about drugs (MDMA , MOLLY). My friend said I don't sell but I know a person that does sell. My friend asks the undercover if he is a cop. He replies no. My friend goes to talk to the drug dealer, gets the drugs gives it to the undercover cop. He sold 2 MDMA pills to the undercover. When the cop gave him the marked money, he went to give it back to his friend the (real drug dealer). Later on the cops arrest him and take him to bookings. He has no criminal record, is currently in undergraduate just got accepted into law school, has numerous letters of recommendation, the cops knew that he wasn't a drug dealer because he only had $20 on him of unmarked money and 3 extra MDMA pills for personal use. He has good grades and a community activist. Do you think it’s possible for the court to reduce it down to a violation or misdemeanor and not felony? Also since it’s his 1st time offense, will the court be easy on him? This action was taken in NYC.

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Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
New York accomplice law follows the doctrine of "acting in concert". In simplest terms, if you knowingly help someone commit a crime you are equally liable. Be careful of the facts you pose in a public forum as they are not privileged or confidential. Under the facts that you posted, both your friend and the "real seller" are both guilty of Sale of a Controlled Substance in the Third Degree. That being said a prosecutor and judge both look at the roles of the individuals involved and cooperation is something that if given is always taken into consideration. I have handled cases similar to this and helped my clients avoid jail and in some cases avoid a felony conviction so yes it's possible. He should hire a good lawyer, especially if his future career is also on the line.
Answer Applies to: New York
Replied: 3/20/2014
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