Is it legal to charge someone for trafficking without finding drugs? 1 Answers as of January 03, 2012If a person gave 600.00 dollars worth of soap to an informant instead of crack cocaine and they don't retrieve the money informant. Then after they sold the fake dope the DEA pull them over but can't find the money but they charged one person for trafficking.
Burdon and Merlitti | Adam Van Ho
The short answer is that yes, a person can be charged with trafficking in drugs where there were no drugs. For example, in Ohio, the offer to sell drugs is an offense by itself, even if you never had the drugs to sell. As far as the example you put below, it would depend on the specific evidence the government had to link the person to the attempted drug transaction (i.e. does the government have recordings of the conversations, did the money later reappear, etc.). I would suggest speaking to an attorney about the nature of the evidence in the specific case.
Answer Applies to: Ohio