QUESTION
Can I be prosecuted for attempting to buy drugs?
Asked on Nov 09th, 2011 on Criminal Law - California
More details to this question:
If person 1 agreed to buy drugs from person 2, but then backed out of the deal after person 2 got the drugs, is person 1 guilty of anything other than a potential conspiracy?
25 ANSWERS
Depends on how far along the "sale" was.
Answered on Jul 03rd, 2013 at 1:47 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You don't say whether or not you actually took possession of the drugs or exchanged any money. These are all critical factors. I don't have enough facts to tell you what could happen.
Answered on Jul 03rd, 2013 at 1:45 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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It really depends but possibly an attempted possession. Do not discuss case with anybody especially the police.
Answered on Jul 03rd, 2013 at 1:42 AM
Gary Moore
Conspiracy is not inconsequential. You could be charged.
Answered on Jul 03rd, 2013 at 1:42 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes.
Answered on Jun 02nd, 2013 at 9:56 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No, I don't think so.
Answered on Jun 02nd, 2013 at 9:53 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Maybe.
Answered on Jun 02nd, 2013 at 9:51 PM
Jacob P. Sartz
Yes, depending on the factual circumstances, the person you described in the hypothetical situation could be prosecuted. Whether the prosecutor could ultimately get a conviction is a different question. Anyone charged with a crime is presumed innocent until proven guilty beyond a reasonable doubt.
Answered on Nov 16th, 2011 at 10:07 PM
Yes, unlawful possession of a controlled substance (UPCS) can be attempted UPCS (both felonies) or solicitation to commit UPCS - a misdemeanor. But if you truly backed out, there should not be criminal liability.
Answered on Nov 16th, 2011 at 1:26 AM
If a person approaches a person thinking that person is a drug dealer and asks to buy drugs and has the money with him for the drugs that person is guilty of attempting to buy the drugs.
Answered on Nov 14th, 2011 at 4:42 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Getting involved at all is the mistake. You could be charged even though you backed out at the last minute. Charges which are possible include attempt and conspiracy. Attempt could be charged. The penalty is 1/2 of the full penalty Conspiracy could be charged. This has the same penalty as the full charge. I hope that this was helpful.
Answered on Nov 14th, 2011 at 11:38 AM
Samuel H. Harrison
What you have will probably be charged as criminal attempt to purchase the drugs. Still illegal; still a felony.
Answered on Nov 11th, 2011 at 9:40 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Gabriel Dorman
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Yes. Let me qualify this response by saying that much more detailed information is needed to accurately answer this questions. But conspiracy is a crime and a serious one. if you enter into a plan to purchase drugs and, at some point, you decide to back out, this may be a defense and/or mitigating factor in the case but it does not necessary absolve you of liability.
Answered on Nov 10th, 2011 at 4:59 PM
Depending upon how far person # 1 went, he may be guilty of an attempt. However, if one withdraws from a plan to buy drugs and communicates that withdrawal, it can be a complete defense to any charge.
Answered on Nov 10th, 2011 at 12:58 PM
3 Awards
Nope. Maybe they can sue you, but can't be sued for illegal activity. Maybe conspiracy, but that's it.
Answered on Nov 10th, 2011 at 1:01 AM
Michael J. Breczinski
Yes, the other person got the drugs at your request and the two of you could be considered as acting together.
Answered on Nov 10th, 2011 at 12:35 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Possibly. It would depend on who made the initial offer because that could trigger possible solicitation charges.
Answered on Nov 10th, 2011 at 12:22 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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You can be charged with attempt.
Answered on Nov 10th, 2011 at 12:04 AM
3 Awards
Potentially attempted possession. Additional facts may lead to more charges, such as if there was evidence of a plan by person 1 to sell or otherwise distribute the drugs.
Answered on Nov 09th, 2011 at 5:33 PM
William C. Gosnell
Renunciation of intent to commit a crime is a valid defense in Tennessee.
Answered on Nov 09th, 2011 at 5:33 PM
2 Awards
Maybe. Depends on what the agreement was. Depends on who said what and who did what. If you agreed to buy drugs from another person and then announced before you went any further then you may not be guilty. On the other hand if he acted by getting drugs to deliver to you based on what you said then you were possibly involved as a principal or conspirator. If the person was a drug dealer and you agreed to buy drugs but then realized you were doing wrong and announced you were not going to act in an illegal manner you may have saved yourself. Then again...
Answered on Nov 09th, 2011 at 4:57 PM
Drivers License Suspension Attorney serving Redlands, CA
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Law Offices of Matthew Murillo
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Yes, you can be charged with the crime of "attempt".
Answered on Nov 09th, 2011 at 4:56 PM
Assault Attorney serving Richardson, TX
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In this case the drugs were bought so there may be an attempt to prosecute.
Answered on Nov 09th, 2011 at 4:54 PM
4 Awards
Maybe attempt at Receiving in Commerce, which is (19) of the Drug Act. It is essentially buying drugs.
Answered on Nov 09th, 2011 at 4:42 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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For a conspiracy, there must be an agreement and "overt acts" in furtherance of the conspiracy. Just agreeing isn't enough. Giving money for the purchase - may be enough. Agreeing, but not going forward in some meaningful way? Probably not enough. For an attempt, there must be a direct, but ineffective step towards the commission of the crime. You must have tried to possess drugs, but were prevented in some way (such as somebody sold you talcum powder, not cocaine). This type case is very fact-dependent, so a thorough analysis of the case needs to be done. If you're asking in a hypothetical way, wondering if you could get in trouble.... yes - you could. Potentially. Keep your mouth shut about any of this so there aren't any statements that can be attributed to you and make their case for them if they don't already have one. If we're talking about an investigation into a significant amount of drugs being brokered, then it would probably be wise to contact an attorney to discuss this more thoroughly and have somebody on standby in case things hit the fan.
Answered on Nov 09th, 2011 at 4:41 PM