Mt Pleasant, NC asked in Criminal Law for North Carolina

Q: Can I get charged with drugs if a detective let's me go after he seen I had drugs

The cop said he was a detective but didn't show a badge didn't do anything routine that they are supposed to do he said he works with the police department but not at it

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1 Lawyer Answer
Philip J. Clarke III
Philip J. Clarke III
Answered
  • Criminal Law Lawyer
  • Morehead City, NC
  • Licensed in North Carolina

A: Simply, yes, very possibly. You included very few details. Can you get "Charged with drugs"? It sounds to me like you expect to be, or have already been charged with some kind of drug charge. If so, then you have your answer as to "charged". However, it is one thing to be charged and another to be convicted. If the "cop" bought drugs from you or confiscated drugs from you, and did not violate your constitutional rights along the way -- and he also did what he needed to do as far as documenting and preserving the evidence, then they may have sufficient evidence to charge you, but as you seem to suspect, this situation could very well be one where a knowledgeable criminal defense attorney could get the charges thrown out (the case dismissed) by demonstrating that the evidence must be suppressed or will otherwise be shown to be flawed at trial. If this officer was the only person present, then he will be required to testify at any trial of your case. This can be inconvenient timing for undercover agents, so may cause the state to be more generous in a plea deal. But just because the officer was the only other person there, under our laws, this does not mean the charges cannot stick and result in a conviction. If the prosecution puts on the testimony of the officer and the physical evidence of the drugs that were confiscated, and the jury believes you are guilty beyond a reasonable doubt, then you can also be convicted. These are cases where having a good criminal defense lawyer is a good idea.

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