Brooklyn, NY asked in Criminal Law for New York

Q: Can you be arrested for narcotic charges if they only have hear say? Can they come get you and for what?

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1 Lawyer Answer
Jeremy Saland Esq.
Jeremy Saland Esq.
PREMIUM
Answered
  • Criminal Law Lawyer
  • New York, NY
  • Licensed in New York

A: There is a vast difference between arrest, indictment and conviction. While an arrest requires probable cause, a conviction requires proof beyond a reasonable doubt. Hearsay may be sufficient for an arrest (think the domestic violence context), but for the case to proceed to indictment or conviction, much more is required. Certainly, each case has unique facts and would require an analysis with your criminal defense attorney. In the context of drug sales, however, hearsay alone will likely not lead to an arrest. Yet, corroboration can change this. Were drugs recovered from you when you were confronted? Did you admit to a crime? Did you have drug records on your person? Did a search warrant reveal all of the above in some manner? No attorney can give a blanket answer, but if an individual merely says that you sold him drugs, absent any corroboration, an arrest is not likely. It is important to note, even if you are not arrested, this may result in you becoming a target of an investigation where a case may be built against you. Remember, anyone can get arrested. Whether you are guilty or the charges have any merit is an entirely separate issue.

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