What can I do if I am being accused of selling drugs? 35 Answers as of August 31, 2011

A friend of mine was caught under the influence of the xanax by his mother. When asked where he got the drugs from he told her that I was selling them to him. This is completely false. He came to my apartment unannounced several times obviously under the influence. I did not want him driving as he already recieved two DWI's and was incapable of driving so I allowed him to stay in my apartment. He left to go home to his mother in which she discovered he was under the influence. She has told several people that she is going to report me and my live in boyfriend for selling him drugs. We are not selling drugs and do not want this accusation on record, what can we do? We have tried speaking to our friend and his mother and have nothing has changed.

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Consider getting an attorney to write them a cease and desist letter or else face a defamation lawsuit. That is often enough to scare them into stopping their actions. Your attorney can tell you what other options would be best to pursue if that fails.
Answer Applies to: Michigan
Replied: 8/31/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
I would not recommend further communication with friend or his mother. Do not speak to cops. Defemation suits can be difficult to process but you might want to talk to an attorney.
Answer Applies to: California
Replied: 3/8/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
This response is general information only and does not establish an attorney client relationship. However, if you get charged with selling drugs or any other charges you should hire an attorney. If the charges get dismissed or you are acquitted you may then be able to file a civil case against the mother and/or the guy for Defamation of character ( making false accusations that you are selling drugs. )
Answer Applies to: New York
Replied: 3/8/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You are not likely to be charged on the word of your friend, but you should contact an attorney to speak to the mother and possibly the police.You should not talk to anyone yourself, and if the police contact you the only thing you should say to them is that you want them to call your attorney. It is never a good idea to try to handle these matters yourself and anything you say can be used against you or even altered to make you look guilty. Feel free to call for a consultation.
Answer Applies to: New York
Replied: 3/7/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
I'm afraid there is no way to stop someone from speaking to the police. You can hire an attorney to contact her, but she is within her legal rights to contact law enforcement.
Answer Applies to: California
Replied: 3/7/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Stop associating with your "friend" and his mother and call me immediately.
    Answer Applies to: Michigan
    Replied: 3/6/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    It does not sound like there are any legal grounds here for your friend's mother to file charges or initiate any sort of criminal investigation against you. It is unlikely that this sort of allegation would be taken seriously by local law enforcement but it is not impossible that they may look into the matter. If you are concerned about this situation it may be possible to file a restraining order or some other motion against your friend's mother. If you are seeking legal representation in this matter, we invite you to contact our firm at the information provided on this page for a free case evaluation to determine if there is anything we can do to be of assistance.
    Answer Applies to: Louisiana
    Replied: 3/6/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Anyone can accuse and there is really nothing you can do about it. I would terminate the friendship.
    Answer Applies to: Nebraska
    Replied: 3/6/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    It sounds as if you will simply have to wait to see if the police investigate. Unless this friend is willing to give his drugs to the police, have the drugs tested, tell the police you are selling the drugs, and then help the police set you up, I don't think you will have anything to worry about.

    If you are more concerned that this woman is slandering you, you could also send her a cease and desist letter threatening to sue for defamation of character.
    Answer Applies to: Missouri
    Replied: 3/6/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Without any proof nothing should happen Hire a lawyer if you get arrested by police.
    Answer Applies to: Tennessee
    Replied: 3/4/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    There's not much you can do under the circumstances. Anyone can make any claim they wish, however, that doesn't mean every claim will be entertained by the police. First, they have no proof. There is no evidence, other than the mother (which is hearsay without any corroboration) and nothing more. I suggest you hire an attorney to send her a letter to straighten the whole thing out with her by telling her if you get charged, you will sue her for slander and making false statements and see if that works. Good luck.
    Answer Applies to: New York
    Replied: 3/4/2011
    LynchLaw | Michael Thomas Lynch
    While the truth is a defense, if you have never sold your former friend drugs, and they cannot prove you did so, they are exposing themselves to a defamation suit. I suggest having an attorney write them a direct letter informing them of the true facts and instructing them to desist in defaming your name.
    Answer Applies to: California
    Replied: 3/4/2011
    The Woods Law Firm
    The Woods Law Firm | F.W. Woods Jr.
    You are gonna have to defend yourself. Get a lawyer and fight the charges. Call us for a free consultation
    Answer Applies to: South Carolina
    Replied: 3/4/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    For one thing, there is no evidence against you. So your fake friend says you sold him Xanax. Where' the proof? Where's the lab test? Secondly, you might have me write a letter to mom and remind her that slander is actionable and if she has no objective proof that the son got the medication from you, she's walking on dangerous ground. Thirdly, if neither you nor your boyfriend are prescribed Xanax and you have none on your premises, vehicles or persons, tell her she's welcome to look through those areas. That assumes that there is no other illegal activity or substances. Of course, you can write her a letter yourself pointing these things out as well as her son's motive to lie given his past DUI history. Because I don't represent you at this point, you couldn't drop my name but you could use these ideas. Please feel free to contact me if you would like to discuss this further. Of course you should let mom know that she is free to report any crime she reasonably believes occurred and that you welcome the opportunity to answer such charges. You don't want to interfere with her reporting to the cops because that could be a crime but you can certainly tell her she is mistaken. Lastly, you may want to talk to her in person. Letters have a way of turning up in courtrooms. Without the help of counsel, you may inadvertently make a statement that may come back to haunt you.
    Answer Applies to: Washington
    Replied: 3/4/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    The ONLY specific advice you should expect to get from here or elsewhere is to exercise your 5th Amendment rights to SHUT UP, hire an attorney, and do NOT talk to anyone except an attorney about the case. If they tell that story to the police, you face potential charges that could put in jail/prison, and most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative'. There is no magic wand to make this go away. Unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict you, hire an attorney who does. The attorney may be able to deal with these people and educate them of the truth and convince them not to try to file charges. If this is in SoCAL courts, and if youre serious about hiring counsel, feel free to contact me.
    Answer Applies to: California
    Replied: 3/4/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Nothing will happen unless or until the police investigates the complaint. If you are worried get an attorney.
    Answer Applies to: California
    Replied: 3/4/2011
    Jackson White, PC
    Jackson White, PC | Jeremy Geigle
    Anytime you are accused of a crime, you should consult with a criminal defense attorney. The crime of selling drugs or possession for sale is a serious offense under Arizona law. Possession of Dangerous Drugs for Sale is a class 2 Felony. Even if you are falsely accused of selling drugs, you should contact an attorney to review the potential charges and to advocate for your innocence. An attorney can contact law enforcement, interview witnesses, and others to help bring to light the facts on your side of the case. Having a lawyer on your side prior to charges being filed can make a big difference in what if anything is filed against you.
    Answer Applies to: Arizona
    Replied: 3/4/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    If you get charged, you can defend yourself in court. If no charges are ever filed you may be able to file a petition to seal the records so that the public would not have access to this report that was falsely made against you.
    Answer Applies to: Colorado
    Replied: 3/4/2011
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    It is unlikely that you will be arrested, or charged, based upon such insufficient information. If the only evidence that you sold drugs is an uncorroborated accusation from a drug addicted individual, or the hearsay accusation from his mother, there really is not much of a case. However. the police may decide to launch an investigation to determine if you are selling drugs, based upon a complaint made to the police.
    Answer Applies to: New York
    Replied: 3/4/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    There is nothing you can do until you are charged with a crime. Watch everyone that comes to your house.They will try to set you up. The information provided on this website is for general information purposes only. The attorney is licensed in the State of Alabama. No answers or information on this site should be taken as legal advice for any individual case or situation. This information does not create an attorney-client relationship.
    Answer Applies to: Alabama
    Replied: 3/4/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    If you are not selling drugs, you should be fine. If you are questioned by the police, you should have an attorney present to protect your rights. Since you are not selling drugs, you should be fine. Contrary to the myth created by TV, cops will usually investigate to determine the validity of his claims. So if you are not selling the cops won't see any evidence of any crimes and not proceed. Before a record would be developed you would have to be arrested and it looks like it will not get that far.

    Lastly, I would suggest that you do not take this person's calls or his mother's calls. If he comes to your house, do not let him in and if he will not leave call the police.
    Answer Applies to: Pennsylvania
    Replied: 3/4/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We are the Goolsby Law Firm, LLC in Augusta, GA. I would recommend that you retain a criminal attorney in your community to discuss all the facts and to discuss your options here. You will want to be ready to confront what might lie ahead. Good luck!
    Answer Applies to: Georgia
    Replied: 3/4/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    First of all, I would say it is time for some tough love with your friend: tell him he is not welcome to come to your home anymore. Be firm in this regard. If he comes over don't open the door for him. He needs to find sobriety and to keep it before he can re-enter your life, if ever. Next, do not waste anymore time talking to him or his mother. Remove them form your life. Also, since there is some fear that they might be trying to initiate charges against you, make sure there is nothing in your home that should not be there. Make sure all prescription medications are in the prescribed container and that you have no illegal drugs. If the police show up and ask to search your home tell them "no" politely. If they have a warrant, then you can't stop them, but you can still make it clear that you are not giving consent. If the police do try to question you tell them you want a lawyer present. If the accusations persist or if the police do contact you, I suggest you hire an attorney in your area.
    Answer Applies to: Georgia
    Replied: 3/4/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Make sure your apartment is ABSOLUTELY CLEAN! Not a seed, not a stem, not a pill that rolled under the sofa. I doubt the cops would charge under this bullshit story but be very careful. If he comes around again and wants to be your friend DO NOT LET HIM IN. He is working for the cops to bust you. Same with a phone call - HANG UP ON HIM. Do not communicate with him in any way. He is a snake and a worthless POS to do this to people who are trying to help him. Don't contact him or his mother. He is gone from your life and good riddance to this scum.
    Answer Applies to: California
    Replied: 3/3/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    What ever you happens do not go in for an interview with the police unless you have been arrested. If the police ask you to come in and "talk" to them do not do it. That only means they do not have enough evidence and want to get you to incriminate yourself. Do not fall for it. We offer free consultations. Let us know if we can help.
    Answer Applies to: Utah
    Replied: 3/3/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    DO NOT TALK TO THE POLICE. If they ask to search your person, your car, or your apartment, say "I do not consent to a search. I do not want to talk to you. I want a lawyer." That will annoy them, but you're allowed to do it. Even better, if you can afford it, hire a lawyer, keep the business card with you, and if you have any contact with the police smile apologetically and say "My lawyer said I'm not supposed to talk to you. Here's the number." DO NOT call the police and try to explain. No kidding. They like it when people try to explain. It won't help. Trust me.

    If they investigate, they may come talk to you, or they may possibly try to search your apartment or send an informant to try to buy drugs. Don't sell anyone any drugs unless you are legally authorized to do so. If you have something illegal in your apartment, get rid of it.

    But it's not very likely that the police would put a lot of effort into investigating that cockamamie story. They might, but don't lose sleep over it. If they accuse you, don't talk to the police and hire a lawyer, or the court will appoint one if you can't afford one. Sometimes innocent people get charged, or even convicted, but there isn't much you can do about it, especially not at this stage.
    Answer Applies to: Oregon
    Replied: 3/3/2011
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    The best thing you can do is to get a good lawyer. If the facts are as you say, then you have a good shot at convincing the prosecution that the charges aren't provable, or winning at a trial. If no arrest has yet been made, then a lawyer can work to show the police and the prosecutors that no drugs were present or were being sold, and a lawyer could possibly make sure these accusations don't come up again.

    Do not talk to the police without a lawyer. That is the best thing you can do. If the boy's mother continues to make trouble, just ignore her. If the police don't believe her, then it's unlikely that anyone else will.
    Answer Applies to: Oregon
    Replied: 3/3/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Two things you can do to help your situation:

    1) Remain silent at all cost. Do not talk to anyone or to try to explain anything, no matter how much your mouth is itching to open.

    2) Hire a good defense attorney, and have all questions, if any, directed to him. When a criminal case is pending, or potentially pending, your lawyer is your father, mother, girlfriend, best friend, uncle, aunt...etc. You talk to him and only him and nobody else.
    Answer Applies to: California
    Replied: 3/3/2011
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    Nothing you can do. If the police file criminal charges then you will have to deal with them.
    Answer Applies to: Massachusetts
    Replied: 3/3/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Don't say anything to anyone. If you are questioned by the police, do not speak to them and hire a lawyer immediately. If you are in Metro Detroit, call me.
    Answer Applies to: Michigan
    Replied: 3/3/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    There is nothing legal that you can do. If the mother goes to the police, do the opposite of what you want to do, which is explain everything to the police. When the police come to question you, keep your mouth shut. Good luck.
    Answer Applies to: Georgia
    Replied: 3/3/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    If your concern is will the police or District Attorney pick this up, which should be a concern, it seems to me that a DA in Oregon where I practice would probably NOT charge you unless there was some more evidence. I can't speak for the prosecuting attorneys in the other 49 states but based on what you've said, I don't think there's enough to go on. Of course if the police come calling and want to chat, you should under no circumstances talk to them NO MATTER WHAT!!! You might want to get a lawyer familiar with the situation just in case. Also avoid talking to your so-called friend about the situation especially on the phone. Sometimes the police do something called a "pretext call" where the crime "victim" calls the suspect and gets the suspect to say incriminating things that could be used against you later. Again, the big thing to remember is don't talk to the cops, you have a right to remain silent, exercise that right!
    Answer Applies to: Oregon
    Replied: 3/3/2011
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