QUESTION
Is verbal knowledge of drugs enough for PCS conviction?
Asked on Sep 02nd, 2012 on Criminal Law - Alabama
More details to this question:
A friend set me up to reduce his punishment. He asked me to go with him to pick up some money that was owed to him. Instead, he was supposedly paid with ecstasy pills. I did not see the transaction because I was in my own car. He told me after the fact that they paid him with drugs. I never saw the pills. I drove away behind him now they are charging me with aiding and abetting PCS. Is this entrapment? Again, I never saw the transaction or the drugs. Someone please help me. I have a clean record just made a mistake trusting him.
16 ANSWERS
Knowledge of the presence of drugs and intent to help, assist or aid are essential elements of the offense for which you are charged. If your friend 'set you up' with the assistance of law enforcement, there may be audio or video evidence which could substantiate your claim that you did not have knowledge of the illegal transaction.
Answered on Sep 11th, 2012 at 2:42 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Since you were not part of the actual transaction, I do not see how your friend reduced his punishment. If the court does not see evidence of your knowledge of committing an act in furtherance of knowingly obtaining drugs, you should not be convicted.
Answered on Sep 11th, 2012 at 2:42 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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No knowledge is an absolute defense.
Answered on Sep 11th, 2012 at 2:41 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Sep 11th, 2012 at 2:40 PM
It's not entrapment but you are charged as an accomplice and mere presence is not enough for you to be found guilty. Your defense is called "unwitting possession".
Answered on Sep 11th, 2012 at 2:38 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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The only help you are going to get will come from your attorney. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. You may have grounds for those things, depending upon the actual facts. While this isn't a 'capital case', you certainly face fines and potential jail, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Sep 11th, 2012 at 2:38 PM
You would be guilty if you knew of the drugs before the deal went down. Cops are not that smart and will arrest everybody that's within one mile of a crime.
Answered on Sep 11th, 2012 at 2:37 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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There is a defense here if you didn't do anything to further the transaction. You need a lawyer. Ask for a public defender if you can't afford one on your own.
Answered on Sep 11th, 2012 at 2:36 PM
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You have a good defense if you had no knowledge of the transaction until afterward. You should definitely get a lawyer to help defend you. If you cannot afford one, ask the court to appoint one for you and do not talk to the police without your lawyer present.
Answered on Sep 11th, 2012 at 2:36 PM
No it is not entrapment, unless your friend happens to be a cop. You better hire a lawyer, because based on what you said you are very very likely going to get convicted.
Answered on Sep 11th, 2012 at 2:35 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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They may be charging you as an accomplice, look-out. Evidence seems thin. Normally a look-out is driving the get away car not in a separate car. How they can prove you knew what was occurring is beyond me. If they have redcordings of your conversations it should say I am going to pick up money not buy drugs.
Answered on Sep 11th, 2012 at 2:35 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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This is what happens when you hang out with bad people. However, at this point you need to retain counsel.
Answered on Sep 11th, 2012 at 2:35 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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It is certainly not entrapment. You had a duty to turn him in and you wouldn't be charged. At this point, your attorney should be able to procure you a .7411 plea to keep it off your record.
Answered on Sep 11th, 2012 at 2:34 PM
You need to hire a lawyer immediately. The only way to protect your rights is through an attorney. The facts here are shaky but the prosecutor will attempt to push them forward.
Answered on Sep 11th, 2012 at 2:33 PM
Gary Moore
You have a plausible defense based on a lack of knowledge or intent to possess drug and a lack of physical control over drug.
Answered on Sep 11th, 2012 at 2:33 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You committed no crime and need an aggressive criminal defense attorney to represent you.
Answered on Sep 11th, 2012 at 2:33 PM