So, no one actually addressed my question

[Ericnsocal]

What is the name of your state? Ca.

I was busted without possession. I told what I thought was a girl I met online I could provide(not sell) her exctasy. I said nthat knowing I did not have any drug, but I wanted to get with her sexually. My intent was to have sex, not give her any drugs.

Thing is I have not done any exctasy in 5 years and dont play with that stuff anymore.

So, when I was busted, all Im had was Viagra and Tylenol Sinus medication. So why bust someone for "intent to distribute" when they dont have the drug?

IS that how desperate that drug enforcement agents are?????? Can't they find enough real users and dealers?

I guess not.

Even one of the detectives working my "sting" told me my case was weak and had a great chance to be dropped.

Any opinions?

 

[HomeGuru]

What is the name of your state? Ca.

I was busted without possession. I told what I thought was a girl I met online I could provide(not sell) her exctasy. I said nthat knowing I did not have any drug, but I wanted to get with her sexually. My intent was to have sex, not give her any drugs.

Thing is I have not done any exctasy in 5 years and dont play with that stuff anymore.

So, when I was busted, all Im had was Viagra and Tylenol Sinus medication. So why bust someone for "intent to distribute" when they dont have the drug?

IS that how desperate that drug enforcement agents are?????? Can't they find enough real users and dealers?

I guess not.

Even one of the detectives working my "sting" told me my case was weak and had a great chance to be dropped.

Any opinions?

**A: my opinion is that you are a player and a druggie.

 

[Just Blue]

Any opinions?

Yes.

I told what I thought was a girl I met online I could provide(not sell) her exctasy. I said nthat knowing I did not have any drug, but I wanted to get with her sexually. My intent was to have sex, not give her any drugs.

IS that how desperate that drug enforcement agents are??????

Is that how desperate you are? Can get with a woman without enticing her with ILLEGAL drugs??

 

[seniorjudge]

What is the name of your state? Ca.

I was busted without possession. I told what I thought was a girl I met online I could provide(not sell) her exctasy. I said nthat knowing I did not have any drug, but I wanted to get with her sexually. My intent was to have sex, not give her any drugs.

Thing is I have not done any exctasy in 5 years and dont play with that stuff anymore.

So, when I was busted, all Im had was Viagra and Tylenol Sinus medication. So why bust someone for "intent to distribute" when they dont have the drug?

IS that how desperate that drug enforcement agents are?????? Can't they find enough real users and dealers?

I guess not.

Even one of the detectives working my "sting" told me my case was weak and had a great chance to be dropped.

Any opinions?

Answered here:

https://forum.freeadvice.com/showthread.php?t=391513

 

[xylene]

Your are as thick as they come

1) Possession is NOT an element of the crime you were charged with.

2) Officers say a lot of things. The officer will not be the one who makes any decisions. That person is the PROSECUTOR.

2a) and did you consider, that the officer was LYING to you to gain your trust, so you woul;d further incriminate yourself?

 

[CdwJava]

I was busted without possession. I told what I thought was a girl I met online I could provide(not sell) her exctasy. I said nthat knowing I did not have any drug, but I wanted to get with her sexually. My intent was to have sex, not give her any drugs.

So ... were you charged with offering the drug for sale? Note that offering to provide it is the same offenses as selling it.

What section were you charged with?

So, when I was busted, all Im had was Viagra and Tylenol Sinus medication. So why bust someone for "intent to distribute" when they dont have the drug?

The report will contain the requisite elements. If it does not, then the matter will be dismissed at the preliminary hearing. Until we know the specific code section(s) you are charged with violating, there is no way to say what elements need be proven.

IS that how desperate that drug enforcement agents are?????? Can't they find enough real users and dealers?

Can't you get a date without offering to provide Ecstasy?

Even one of the detectives working my "sting" told me my case was weak and had a great chance to be dropped.

There's a reason he might have said that ... when suspects are put at ease, they tend to be more open about the truth.


- Carl

 

[Ericnsocal]

I was the one that introduced drugs

the undercover police are the ones running ads on craigslist and introducing the drug element. The ad was about a "casual encounter". So what, a man says he will bring a drug(he has no intention of really bringing) in order to get agirl**************SO WHAT. Are we going to start arresting people because they lie to women???? All you smartas.sses here have broken the law more than I did that day and you know it.

As far as the drug detective????? I know when a guy is being sincere and when he is not. This guy knew I was innocent and was sincere. He helped me in many ways that night from writing down numbers to call for bail to my credit card numbers ro make bail. The guy even got my cell phone and gave me numbers I needed out of my cell phone.

As far as my charge, my charge was 11397ha and possession is required for the "intent to distribute" I had crushed up tylenol sinus medicine in my pocket.

I thougth this was a sight about serious legal opinions. Seems most of you are just here to be smartas.ss punks.

To the one guy here that sincerely answered my question, thank you.

 

[CdwJava]

Are we going to start arresting people because they lie to women????

Maybe ... when they are alleging a criminal activity, sure.

Lie about money, height, weight, hair (or lack of it), and even the size of that special body part - but not about introducing illegal drugs.

All you smartas.sses here have broken the law more than I did that day and you know it.

I didn't ... and I doubt others did. Making that lie can be a felony (see below).

As far as the drug detective????? I know when a guy is being sincere and when he is not. This guy knew I was innocent and was sincere.

Okay. if you say so.

He helped me in many ways that night from writing down numbers to call for bail to my credit card numbers ro make bail. The guy even got my cell phone and gave me numbers I needed out of my cell phone.

Simple kindness does not mean he was giving you the straight scoop.

Maybe he was ... maybe he wasn't.

As far as my charge, my charge was 11397ha and possession is required for the "intent to distribute" I had crushed up tylenol sinus medicine in my pocket.

11379. (a) Except as otherwise provided in subdivision (b) and in
Article 7 (commencing with Section 4211) of Chapter 9 of Division 2
of the Business and Professions Code, every person who transports,
imports into this state, sells, furnishes, administers, or gives
away, or offers to transport, import into this state, sell, furnish,
administer, or give away, or attempts to import into this state or
transport any controlled substance which is (1) classified in
Schedule III, IV, or V and which is not a narcotic drug, except
subdivision (g) of Section 11056, (2) specified in subdivision (d) of
Section 11054, except paragraphs (13), (14), (15), (20), (21), (22),
and (23) of subdivision (d), (3) specified in paragraph (11) of
subdivision (c) of Section 11056, (4) specified in paragraph (2) or
(3) of subdivision (f) of Section 11054, or (5) specified in
subdivision (d) or (e), except paragraph (3) of subdivision (e), or
specified in subparagraph (A) of paragraph (1) of subdivision (f), of
Section 11055, unless upon the prescription of a physician, dentist,
podiatrist, or veterinarian, licensed to practice in this state,
shall be punished by imprisonment in the state prison for a period of
two, three, or four years.
(b) Notwithstanding the penalty provisions of subdivision (a), any
person who transports for sale any controlled substances specified
in subdivision (a) within this state from one county to another
noncontiguous county shall be punished by imprisonment in the state
prison for three, six, or nine years.​

You offered to transport a controlled substance!

If you in any way alleged that the stuff in your pocket was ecstasy, then that would tie a nice neat bow on the case.

As it is, the DA will likely offer you a sweet deal if he files at all.

Can they make this case stick? Depending on the details, sure. You'll note that the case does not require that you possess or actually intend to pass the dope, only that you OFFER to transport or give away the stuff.

I thougth this was a sight about serious legal opinions. Seems most of you are just here to be smartas.ss punks.

You have received some serious opinions. However, the best advice for your situation would be to consult an attorney who can take your case and then review the report to see the strength of the case and evaluate it based upon knowledge of your particular DA and court.


- Carl

 

[Ericnsocal]

To CDW Java.

I was charged with 11379HS.

Ok, isnt it hard to prove intent to distribute a narcotic when I come to the place I am supposedly going to "give" or "meet" and I dont have any marcotic in possession????

Wouldnt that prove that I was not "intending" to do it.

As many real drug dealers, robbers, and gang bangers as we have in LA that actually do deal "real" drugs, is it neccessary to target men like myself that have no drug and was just BSing a girl??

Anyway, I called an attorney and he said if I didn't have possession, then they cant prove intent to distribute

So thanks to you people here that dont know as much as you claim to know about the law.

 

[Ericnsocal]

CDW Java, You were the one poster

that naswered me seriously and I was not calling you a punk or any other name. But some of the posters here were very rude and I was asking a serious question and didnt know why they needed to call me a druggie???

You seem very knowledgable. I see that they can prosecute you for just "saying" you will distribute a drug, but when I show up with no actual drug, doesnt that show I ma not the real deal and not a serious drug "player"? DO you think they will cring the case against me.

One of the attorney's I called said that if the lab analysis comes back I didnt possess the narcotic, then they would not proceed. Was that wrong? Does he not know what he weas talking about? He said he was a former prosecuter????

Now I am confused.

You said "As it is, the DA will likely offer you a sweet deal if he files at all"

Do you think they will file? If they do file, what type of deal can I expect, you said sweet. Note: I have no history of drug use or involvement. I have not even had a speeding ticket in over 10 years and never a DUI.

 

[Ericnsocal]

As far as the police officer

Yes, he told me in front of the other officer it was 50/50 they prosecute. When that officer left and it was just him and I, thats when he said my case was weak and he felt it was almost 100%.

Obviously I dont find great comfort that he said that. Im glad he said that, but I know it is up to the DA.

I just dont know why they would waste their time on a small timer like me that doesnt even have 1 X tablet....NOT one. Like I said, I have not even had a DUI ever or any drug offense. Not even a speeding ticket. I just didnt realize this was a crime. I really did not.

I am already out $3000 for bail and that was blood money. I am a single father and money is tight. $3000 might not hurt some people, but it hurt me.

 

[CdwJava]

Ok, isnt it hard to prove intent to distribute a narcotic when I come to the place I am supposedly going to "give" or "meet" and I dont have any marcotic in possession????

Not really. But, while the H&S says that the OFFER is sufficient, the CA Jury Instructions require there to actually have been a controlled substance. So, an arrest for the charges is good, a conviction will be tough.

Wouldnt that prove that I was not "intending" to do it.

Many street dealers don't have product on them when they make the deal, either ... they have it stashed elsewhere.

As many real drug dealers, robbers, and gang bangers as we have in LA that actually do deal "real" drugs, is it neccessary to target men like myself that have no drug and was just BSing a girl??

Date rape is a very serious offense ... girls get drugged and assaulted (sometimes killed) every day. It IS a serious offense, and ecstacy is a serious drug.

Anyway, I called an attorney and he said if I didn't have possession, then they cant prove intent to distribute

He's apparently read Calcrim (the jury instructions).

- Carl

 

[CdwJava]

I am already out $3000 for bail and that was blood money. I am a single father and money is tight. $3000 might not hurt some people, but it hurt me.

Consider it an expensive lesson about offering to commit a felony in order to obtain a little lovin'.

- Carl

 

[CdwJava]

that naswered me seriously and I was not calling you a punk or any other name.

If you had, it wouldn't be the first time I had been called that or worse.

But some of the posters here were very rude and I was asking a serious question and didnt know why they needed to call me a druggie???

Likely because the original post does indicate some drug behavior ... and, of course, posters DO sometimes lie in an attempt to gain sympathy. But, when they lie, it just makes it that much harder to offer up any real advice.

You seem very knowledgable. I see that they can prosecute you for just "saying" you will distribute a drug, but when I show up with no actual drug, doesnt that show I ma not the real deal and not a serious drug "player"? DO you think they will cring the case against me.

They don't know if you had the drugs dropped elsewehere or a friend that would bring them later. Perhaps you might offer up the phony stuff in your pocket and represent it as dope ... that could be sufficient for the offense if you did that.

One of the attorney's I called said that if the lab analysis comes back I didnt possess the narcotic, then they would not proceed. Was that wrong? Does he not know what he weas talking about? He said he was a former prosecuter????

As previously posted, he is aware of the Calcrim ... and, he is also likely aware of the policies of that particular DA's office so he is probably right.

- Carl

 

[Ericnsocal]

Lesson learned.

As far as date rape??????? Its all context. I wasnt slipping a pill into a girls drink or food????

The context was this: She(police) was asking for the drug and sex online. So date rape has no context to this situation.

And, if I was giving her tylenol Sinus medicine, then how can I be date raping her????


So, worst case scenario, what deal would they offer if they proceed. You said "sweet". Could you elaborate?

Thanks for taking my questions serious BTW.