What is needed by the police to charge you for sale of oxycodone? 42 Answers as of May 27, 2011

What is needed by the police to charge you for sale of oxycodone? Must you have the pills on you? Or do they have to see you transferring the cash and pills?

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Harden Law Offices
Harden Law Offices | Leonard D. Harden
State would need to prove oxycodone as a controlled drug, in your possession and that you provided it to someone else. There does not need to be money exchanged, however, if able to prove that would likely go to intent to distribute. The pills do not have to be on you, but if not on you there are likely some good defenses, it would also probably require that the purchaser have to testify. If police witness transfer of pills and cash state may be able to prove case. It really depends on circumstances. You should contact a criminal defense lawyer.
Answer Applies to: New Hampshire
Replied: 5/27/2011
Bloom Legal, LLC
Bloom Legal, LLC | Seth J. Bloom
It is possible to be charged with possession with intent to distribute (basically the same thing as distribution) if you are caught in possession of a certain amount of the drug. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
Answer Applies to: Louisiana
Replied: 5/26/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
If the charge is the sale, then there would need to be evidence that the officer witnessed the sale or that a confidential informant made a purchase. You need hire a lawyer if you are being charged with this matter.
Answer Applies to: Michigan
Replied: 5/26/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
There are many things that the police can use against you such as witnesses, circumstantial evidence and other proof. It's too wide a question to answer as it stands. Many times a CI or confidential informant buys from you directly and they can testify against you or a police officer buys from you directly. All those things will suffice to convict you. Consult with a criminal defense lawyer about the matter in detail. Good luck.
Answer Applies to: New York
Replied: 5/26/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Generally, just the testimony of a citizen witness would not be enough. Most cases involve having the pills on you or selling them to an undercover officer. Call for a consultation if you want to run a specific scenario by me.
Answer Applies to: California
Replied: 5/25/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    The facts of every case will be different. Therefore, it is difficult to answer your question. To prove a case, there has to be admissible evidence to establish that you actually sold or you were an accessory to the sale of oxycodone. In general, there is an element of intent which must be shown. The evidence used will vary from case to case. It can include eyewitness testimony, photographs, videotape, statements/confessions and other evidence. I hope that this was helpful
    Answer Applies to: Michigan
    Replied: 5/25/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You must have actually delivered a substance that has been verified by the state crime lab to be a scheduled narcotic to another person. That person could be a snitch or any other person. It is also possible to possess a drug with intent to deliver it. Ordinarily, proof of intent would be small packages of the substance, small zip lock bags, scales, IOUs or Pay-Owe sheets showing amounts owed by customers and large quantities of drugs. One can also be guilty of manufacturing an illegal drug by combining chemicals to create LSD, methamphetamine, cocaine, ecstasy, heroin or PCP. Manufacturing also includes growing an illegal substance such as marijuana, mushrooms, peyote or mescaline. Lastly, one can be guilty if one possesses any drug ingredients with intent to manufacture a controlled substance. One example would be possession of anhydrous ammonia with intent to manufacture methamphetamine.
    Answer Applies to: Washington
    Replied: 5/25/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    A sale usually is made to an undercover cop or an informant working for the police. In either case the evidence is the testimony of the cop or informant.
    Answer Applies to: California
    Replied: 5/25/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    In order to prove a violation of CA Health and Safety Code 11351, each of the following elements must be proved: 1 A person [exercised control over or the right to control] [or] [purchased from another], an amount of __________, a controlled substance; 2 That person knew of its presence; 3 That person knew of its nature as a controlled substance; 4 The substance was in an amount sufficient to be used for sale or consumption as a controlled substance; and 5 That person [possessed] [or] [purchased] the controlled substance with the specific intent to sell the same.") As you can see from the above, actual possession of the controlled substance is not required. All that is necessary is control of the item. You see an example of this in bad legal shows all the time. One person accepts the cash, while another transfers the controlled substance. If you control that transaction, and that control can be proven, you are well on your way to a conviction for a violation of H&S code 11351. The penalty for such a conviction can be as much as four years in prison.
    Answer Applies to: California
    Replied: 5/25/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    To arrest and charge you, some evidence of a crime and some evidence you committed it. To convict you, enough evidence to convince a judge or jury beyond a reasonable doubt you are guilty of the crime. Beyond that, no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
    Answer Applies to: California
    Replied: 5/25/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    In order to be charged, there must be probable cause to believe that a crime was committed and that you committed the crime. The police do not need to personally see the transaction as long as there is credible witnesses who could testify as to what they saw.
    Answer Applies to: Michigan
    Replied: 5/25/2011
    The Law Office of John T. MacDonald Jr., PLLC
    The Law Office of John T. MacDonald Jr., PLLC | John MacDonald Jr.
    In reality the police can charge one with whatever they want. However, whether the charges stick in court is an entirely different question. The prosecutor will have to prove all the elements of the crime beyond a reasonable doubt.
    Answer Applies to: Michigan
    Replied: 5/25/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    For the police to charge you with any offense of sell of a controlled substance they have to either observe you selling the substance or you have to sell the substance to an undercover officer or informant.
    Answer Applies to: Alabama
    Replied: 5/25/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    There has to be some evidence that you sold the illegal substances or sold a legal substance illegally. If the purchaser tells the police he bought them from you, that is some evidence.
    Answer Applies to: Colorado
    Replied: 5/25/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    If they don't see you making the transaction, they would need circumstantial evidence that would convince a jury beyond a reasonable doubt. Stay well.
    Answer Applies to: Alabama
    Replied: 5/25/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Normally for a distribution charge you need a controlled substance (real or fake) and an agreement. They don't necessarily have to see the exchange, like if they send in a confidential informant (CI) into a residence with cash and then the CI comes out without cash and drugs that would be sufficient, but the CI would have to testify. Not likely to have a very good case if just you say I will sell you X drugs for $, but it could be an attempt in the right information is provided.
    Answer Applies to: Nebraska
    Replied: 5/25/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The charge of "Sale" would have to comply with the language of the statute which prohibits the conduct. Evidence of a sale or attempted sale would probably be sufficient to charge. Usually the transfer of property between the buyer and seller must occur. The evidence of the sale can be from an informant, a video of the sale, or an officer acting undercover to purchase the item from the seller. A person can be charged as an accessory to the crime by being involved in the sale without actually possessing the items. So, the accurate answer depends upon the specific facts of the case.
    Answer Applies to: Kansas
    Replied: 5/25/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    If you are being questioned by the police or are arrested do not give any statements and ask for a lawyer! We can represent you.
    Answer Applies to: New York
    Replied: 5/25/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    They need you in possession of large amounts of drugs, OR they need a witness to a drug transaction.
    Answer Applies to: Washington
    Replied: 5/25/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    For the most part, the police can charge you for the sale of drugs whether or not you have the drugs on you or if they see the "deal" (which is often very helpful for the police, helpful but not absolutely necessary). In Oregon, where I practice, what is considered "drug dealing" is known as "delivery of a controlled substance." A "delivery" includes actual transfers (ie drugs for money) as well as attempted transfers, constructive transfers (known in some other jurisdictions as "possession with intent to sell") as well as gratuitous transfers (ie I just give you drugs). At least under Oregon law, a person could be convicted of selling Oxy if law enforcement had evidence that a jury would accept that you, at some point in the prior three years, you sold some pills to someone. Proving it, of course, is a different story and to do that it would help their case if they had actual evidence of a sale or drugs on you.
    Answer Applies to: Oregon
    Replied: 5/25/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information to see if the police had probable cause to have you charged. There is no set circumstance , but they must have some type of evidence to establish they have probable cause to have you charged with the crime. You should hire an attorney.
    Answer Applies to: New York
    Replied: 5/25/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    This charge could potentially be proven by either direct or circumstantial evidence. An example of direct evidence could be a witness who testifies that you sold him the drugs. Circumstantial evidence could be a police officer testifying that you drove behind a deserted building, you came back a moment later, they stopped you and found drugs packaged for sale plus lots of cash, and they also stopped a guy walking away from the same spot with a packet like yours in his pocket. In the second example, (assuming the other guy remains silent) no one saw you sell the drugs, but there were circumstances which could indicate that you sold the drugs. As you can see, direct evidence tends to be more compelling at first blush. If you are facing this charge you need to hire a criminal defense attorney. Period. Good luck.
    Answer Applies to: Georgia
    Replied: 5/25/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Every case is different as to the evidence needed. Most likely for this case they would need some type of eyewitness.
    Answer Applies to: California
    Replied: 5/25/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Either one should work to establish probable cause for an arrest.
    Answer Applies to: Virginia
    Replied: 5/25/2011
    Law Office of Michael Moody
    Law Office of Michael Moody | Michael Moody
    Police need either direct or circumstantial evidence that you in fact transferred oxycodone in exchange for payment. There are so many ways to prove it, I can't list them all. Usually the buyer (who is a cop or confidential informant) gives marked funds to the seller. Often the transaction is recorded on audio or video tape.
    Answer Applies to: Georgia
    Replied: 5/25/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I am a former federal and state prosecutor. I currently am a criminal defense attorney in Augusta where I practice criminal law with my son. The simple answer to your question is that the police would not be required to catch you with the drugs on you, but they will need other sufficient evidence concerning drug dealing, such as tape recordings of drug buys. I would recommend you hire a criminal lawyer in your community, ASAP, because there are a number of ways to make such a case and you need an attorney to advise you as to your rights and options! Good luck!
    Answer Applies to: Georgia
    Replied: 5/25/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    There is no set rule, as long as the elements of the crime can be proven beyond a reasonable doubt. This can often be done by circumstantial evidence, so seeing you in the act is clearly the best, but may not be necessary.
    Answer Applies to: California
    Replied: 5/24/2011
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    What is needed is an amount in your possession or under your control that exceeds what you would have for personal use. Often police will use packaging (baggies, bundles, bindles etc.) as an indication suggesting that the controlled substance was possessed for sale rather than for personal use. The prosecutor needs to prove possession (actual, constructive, or joint possession), knowledge that you possessed it and that it is a controlled substance,that there was enough of the drug to use or sell, and the intent to sell.
    Answer Applies to: California
    Replied: 5/24/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    They need to have an agreement and a act furthering the agreement.
    Answer Applies to: California
    Replied: 5/24/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    That can vary depending on the situation. For example, there can be a for sale or intent to sell charge even if the cops did not personally see any actual transfer take place. What happened in your situation? What is the amount? Were you on probation or parole at the time? You can contact me if you would like to discuss your case in more detail.
    Answer Applies to: California
    Replied: 5/24/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    They need to see transfer but the liars will swear they did unless customer was cop or will testify to avoid prosecution. Don't sell oxy. It's really bad for you. Stay with weed or powdered cocaine. Good luck.
    Answer Applies to: California
    Replied: 5/24/2011
    The Grigsby Firm
    The Grigsby Firm | Sherlock Grigsby
    It depends on whether you are charged alone or as part of an alleged conspiracy.
    Answer Applies to: District of Columbia
    Replied: 5/24/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    For charges to be correctly filed, a prosecutor must have probable cause to believe that you possessed an illegal substance. Probable cause may be supported by circumstantial evidence alone even though cases relying entirely on circumstantial evidence tend to be weak. It is not necessary that you have the pills on you. So long as the pills are within your span of control, you can be charged.
    Answer Applies to: Minnesota
    Replied: 5/24/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    In reality, the proof of "delivery of a controlled substance" does not require seeing you exchange drugs for money. It can be accomplished by a confidential reliable informant (CRI) who is given marked bills, sent in and purchases drugs from the dealer. The CRI will have to be revealed at trial, which is why some delivery charges are not pursued because the police do not want to give up their CRI for a small time dealer, but the fact is proof the sale can be by circumstantial evidence. There is much more to delivery than I have outlined above, but you get the picture. If you need more information call. If you are charged with delivery of a controlled substance you need an attorney. Thanks.
    Answer Applies to: Oregon
    Replied: 5/24/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    No, it is not necessary that you have the pills on your or for them to directly see you engaging in the transaction. All of those scenarios you mentioned are helpful to the prosecution, but not necessary for a conviction. They will need enough evidence whether through testimony, eye witness encounters, or other reliable and direct evidence, that would demonstrate beyond a reasonable doubt that you committed the crime you have been accused of. All they need to charge you is "probable cause" meaning that it is probable (more likely than that or a 51/49 balancing scale) that a scale was committed and you were probably the one that committed it. If you have been charged of a crime contact an experienced criminal attorney as soon as possible.
    Answer Applies to: Michigan
    Replied: 5/24/2011
    Law Office of William S. Smith
    Law Office of William S. Smith | William S. Smith
    In Massachusetts, what is unlawful is possession of a controlled substance with the intent to distribute (sell, give away, barter etc) The state need not produce evidence of an actual sale, nor does it have to prove the substance was on your person. In Mass. "constructive possession" is enough, which means that you need not actually physically possess the substance but only have the ability to exercise dominion and control over it for the possession element to be met. These cases can be proved circumstantially. This means that the state need not produce at trial any direct evidence of a sale. For these reasons it is absolutely critical to have a skilled, experienced criminal defense attorney representing you in these cases.
    Answer Applies to: Massachusetts
    Replied: 5/24/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    These cases usually happen when some one tells the cops about a possible dealer. The cops wire the snitch (called a CI) and have the CI make one or more purchases. With that info , the cops get a warrant and search the residences. People are arrested and charges filed. A defendant may not ever have been present at a sale or mentioned by the CI, just present at a search. May have just been riding around in a car with a dealer unaware of acts until they take place.
    Answer Applies to: California
    Replied: 5/24/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    In order for the police to charge you with a sale they must see the exchange of an object for currency. This will give them probable cause to search both individuals in order to find the drugs and money. They must be close enough to see the exchange and in order to convict at trial they must convince the jury that they were in a position to see what they claim and that they actually found the drugs and the money after the sale.
    Answer Applies to: New York
    Replied: 5/24/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    None of those things are required. Proof at trial must be enough for a rational person to believe beyond a reasonable doubt that the defendant committed the offense. Further, the proof cannot solely be the defendant's confession, and it cannot solely be the testimony of a co-conspirator. But that's it for the evidentiary requirements. If the police don't have the pills or didn't see an exchange, but both the buyer and the seller admit to the crime when questioned, that's enough for a jury to convict. The jury does not have to convict, of course, and it's less likely that it will do so with no physical evidence, but it's possible and lawful.
    Answer Applies to: Oregon
    Replied: 5/24/2011
    Van Der Jagt Law Firm
    Van Der Jagt Law Firm | Grant Van Der Jagt
    Probable cause is all they need.
    Answer Applies to: Colorado
    Replied: 5/24/2011
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