QUESTION
What can my son do if he was caught dealing drugs with an undercover officer?
Asked on Nov 01st, 2011 on Criminal Law - New York
More details to this question:
Some undercover officers asked my son if he knew where they could buy crack. He took the money, bought the crack and gave it to them. He is a user not a dealer. Could this be considered as entrapment? They want him to plead guilty and testify against the dealer. What can he do? He has never sold crack before and works out of town. His public defender won't let him go out of town to work. And he has no money to hire a lawyer. What can he do?
20 ANSWERS
Geoffrey MacLaren Yaryan
You are guilty of sales even if you only furnish it to the uncover cop and make no money. Entrapment is a difficult defense. You must show the idea to commit the crime came solely from the cop. If your son resisted the cops initial request, but eventually, after repeated requests, reluctantly committed the crime, then it may be entrapment.
Answered on Nov 11th, 2011 at 8:12 PM
Michael J. Breczinski
Did He know they were undercover officers before he bought the crack or did he think it was a legitimate deal? He has a number of options The lawyer could explore the issue of entrapment and could see if they would give him a deal in exchange for his testimony etc.
Answered on Nov 03rd, 2011 at 1:34 PM
Samuel H. Harrison
If your son took the money, bought the drugs, and gave them to the person that gave him the money he has possessed cocaine with intent to distribute. Testifying against the dealer may be his best way to get a lower charge or a more lenient sentence. The public defendercan't keephim from going out of town. That is probably a condition of your son's bond. If you really want to help your son, try to find a long term treatment program for him.
Answered on Nov 02nd, 2011 at 4:42 PM
Whether the facts of your son's case are entrapment is something that should be discussed with his attorney. If yes, then proper motions should be filed. As for working out of town, your son should look at the terms and conditions of his bond. That may be what is preventing him from leaving town.
Answered on Nov 02nd, 2011 at 4:36 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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He can cooperate to try to get his case reduced/ dismissed. He can work a plea bargain agreement without cooperating. He can plead not guilty and go to trial. He is a dealer - he took money and delivered crack. That is what a dealer does.
Answered on Nov 02nd, 2011 at 3:38 PM
He needs to follow the advise of his public defender.
Answered on Nov 02nd, 2011 at 3:08 PM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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It does not sound like entrapment it is really not fair to evaluate a case without even having a lab test or a police report to review.
Answered on Nov 02nd, 2011 at 2:38 PM
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This is very serious and entrapment is a technical issue. NARC officers are some of the biggest liars too. Hire the best drug trial attorney in your area and fight it.
Answered on Nov 02nd, 2011 at 2:06 PM
From the facts in your question, it appears as though the prosecutor has a solid case for distribution of a controlled substance. It is probably in your son's best interest to cooperate and plea out. The simple fact he intentionally handed crack to another person constitutes the crime of distribution, even if he did not profit, even if there was no exchange of money. He should listen to the public defender. Public defenders are overworked, but they know what they are doing.
Answered on Nov 02nd, 2011 at 2:01 PM
Jacob P. Sartz
He needs to retain a lawyer. Anything he says to the police will be used against him if he is ever charged with the offense.
Answered on Nov 02nd, 2011 at 1:28 PM
Drug Crimes Attorney serving Philadelphia, PA
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Laguzzi Law, P.C.
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No it is not entrapment. It's not the public defender that won't let him go out of town but rather the Court's decision. I would need more information for a full answer. Is this his first offense? Is he eligible for a special program that may keep his record clean? Is he eligible for a program that would prevent him from going to jail but rather get help for his drug addiction? Have him discuss these options as well as any potential defenses with his public defender. Otherwise, he should hire an experienced criminal defense attorney.
Answered on Nov 02nd, 2011 at 1:05 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It's not that the public defender won't let him leave town. The judge has probably placed a hold on him because he may be a flight risk if he were to leave the jurisdiction of the court. As far as what to do? Your son has an attorney. I would listen to the attorney and do as the attorney advises. As far as "entrapment", based upon the facts as you have presented, the answer is NO entrapment.
Answered on Nov 02nd, 2011 at 1:05 PM
Daniel Kieth Martin
In California, entrapment is difficult to establish. You must prove that a government agent did something to encourage a person to commit a crime and that person would not ordinarily do that. That means you have to show that the officer begged him or threatened him and forced him into doing it.
Answered on Nov 02nd, 2011 at 11:32 AM
Without money to hire a good lawyer, all he can try to do is cut a deal with the prosecutor to testify against the dealer in return for immunity from prosecution.
Answered on Nov 02nd, 2011 at 11:17 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Your son needs to talk to his attorney some more, I think that by your description you are getting an incomplete story. I hope that this was helpful.
Answered on Nov 02nd, 2011 at 9:43 AM
Assault Attorney serving Richardson, TX
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He must rely on the court appointed lawyer for advice. He does have options and they depend on where the case is pending.
Answered on Nov 02nd, 2011 at 9:05 AM
Gary Moore
He needs to get a job whereever he can, even if it means leaving town, so long as there is no bail restriction on his leaving the county or the state. Then he should hire an attorney for his case.
Answered on Nov 02nd, 2011 at 5:04 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It would only be entrapment if the officer coerced or somehow pressured him into doing something he wasn't predisposed to do. Your son is facing serious charges and needs experienced and aggressive representation. Make sure he has a good criminal defense attorney.
Answered on Nov 01st, 2011 at 11:07 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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It is not "entrapment" and if you cannot afford a private lawyer then you are stuck with whom you have. By the way, it is not his lawyer that is not allowing him to go out of town; likely it is a condition of his release on his own recognizance or a condition of bail that he does not go too far - his lawyer has only explained to him the conditions by which he must live now that he is facing charges.
Answered on Nov 01st, 2011 at 11:06 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Can you hire a lawyer for him? The lawyer has nothing to do with allowing a client to go out of town to work - that is up to the bail terms set by the judge. I don't see entrapment as a defense. There is an agency defense but that would require showing he was working as an agent for the undercover rather than the seller.
Answered on Nov 01st, 2011 at 10:40 PM