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Distribution charge without possession possible?

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habbi

Junior Member
What is the name of your state (only U.S. law)? Maryland

My situation:
I was wondering if it is possible to be charged with distribution of controlled substances (marijuana) without actually being in possession of any, however cell phone SMS communications may possibly suggest so. The police raided my room and confiscated a Spoof and cell phone containing text messages and 1 picture of marijuana.

My friends situation:
My roommate and I had our room searched by police with a warrant (they got this warrant by an informant telling police of controlled substances present in the room along with other paraphernalia and scales however the warrant did not have a judges signature on it) and they found a "spoof" which is a plastic bottle with dryer sheets inside (typically used for masking odors of smoking), some ash in his drawer and glass ball jar with baggies inside which the police claim has residue inside of the baggies.


The police are trying to make the case that my friend including myself are involved in the sale and use of marijuana when none was found except for the residue in the baggies and some ash in his drawer. Also a spoof was found in my room. What could be the possible charges that could arise in this situation? Should I hire an attorney to review the case or do the police have too little evidence to go to court and charge either one of us? OR is it likely that the police will charge my friend with possession and/or sale and me with nothing? :confused:What is the name of your state (only U.S. law)?
 


smutlydog

Member
What is the name of your state (only U.S. law)? Maryland

My situation:
I was wondering if it is possible to be charged with distribution of controlled substances (marijuana) without actually being in possession of any, however cell phone SMS communications may possibly suggest so. The police raided my room and confiscated a Spoof and cell phone containing text messages and 1 picture of marijuana.

My friends situation:
My roommate and I had our room searched by police with a warrant (they got this warrant by an informant telling police of controlled substances present in the room along with other paraphernalia and scales however the warrant did not have a judges signature on it) and they found a "spoof" which is a plastic bottle with dryer sheets inside (typically used for masking odors of smoking), some ash in his drawer and glass ball jar with baggies inside which the police claim has residue inside of the baggies.


The police are trying to make the case that my friend including myself are involved in the sale and use of marijuana when none was found except for the residue in the baggies and some ash in his drawer. Also a spoof was found in my room. What could be the possible charges that could arise in this situation? Should I hire an attorney to review the case or do the police have too little evidence to go to court and charge either one of us? OR is it likely that the police will charge my friend with possession and/or sale and me with nothing? :confused:What is the name of your state (only U.S. law)?
I was wondering if it is possible to be charged with distribution of controlled substances (marijuana) without actually being in possession of any, however cell phone SMS communications may possibly suggest so.
It's possible to be charged with conspiracy to posses and distribute but I doubt that's the case in this situation.

Did they arrest you or anyone? If not I would not hire an attorney yet.I know some people will post here and disagree but I have seen enough people in my life throw money in toilet like this. Just don't answer any questions if the police call.

:rolleyes:It's kind of odd that the police relied just on an informant's word.
 

habbi

Junior Member
the police didn't arrest any of us.

We are just college students, no history of violent activity or anything like that. In fact me and my friend are in the top 5-10% in our university, lead organizations, work for the university on multiple levels and know many of the people who operate the university at the administrative level. I feel like the police have nothing better to do at my school so once an informant comes forth it must be a gold mine for them.

I'm also starting to think it might be an illegal search since I didn't see a judge's signature on the search and seizure warrant. If it turns out to be an illegal search is it possible for me to sue the police department for violating my right to privacy by taking my phone? I find it hard to swallow that search warrants are given out so easily based upon just some informant's word. But what can you do... :(
 
But what can you do... stop doing dope and you won't have these problems and yes hire an attorney. Your class ranking, community involvement and who you know in administration will not help you.
 

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