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trafficking 2 counts

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jimdoug78

Junior Member
Is it right to get trafficking charges for being at a house when it wad raided. They didnt find anything that day either.
 


FlyingRon

Senior Member
Is it right to get trafficking charges for being at a house when it wad raided. They didnt find anything that day either.
Darned if we know given the absolute minimum amount of information (most importantly the state involved). All it takes to get charged is probable cause that you committed the offense. If you were present in a place where such activity was going on, that's probably plenty of probable cause.

If you were the one charged, you NEED an attorney. The attorney can look at all the information and see what defense there is.
 

quincy

Senior Member
Is it right to get trafficking charges for being at a house when it wad raided. They didnt find anything that day either.
I agree with Zigner that, if you were charged with trafficking, you will want to hire a criminal defense attorney, regardless of your state.

That said, FA requests of all posters that they provide the name of their state because state laws vary in significant ways. Knowing the state name can help us help you - although getting a lawyer is going to be the first, final and most important advice that you get here.

Why do you think you were charged with trafficking if no drugs were found during the raid on the house you were in?

Do you reside in this house?
 

FlyingRon

Senior Member
By the way, you don't need to actually have the drugs in most states to be charged with trafficking. All you need to do is conspire with others to commit the act.
 

quincy

Senior Member
By the way, you don't need to actually have the drugs in most states to be charged with trafficking. All you need to do is conspire with others to commit the act.
Could you please explain, FlyingRon? My understanding of trafficking laws, regardless of state, requires that there be possession (as well as intent).
 

FlyingRon

Senior Member
Could you please explain, FlyingRon? My understanding of trafficking laws, regardless of state, requires that there be possession (as well as intent).
You understanding is wrong then. As I stated some states will consider conspiracy to traffic the same as actually possessing the drugs with intent to sell. Of course, without knowing just what he is charged with and in what state, it's not worth getting worked up over.
 

quincy

Senior Member
You understanding is wrong then. As I stated some states will consider conspiracy to traffic the same as actually possessing the drugs with intent to sell. Of course, without knowing just what he is charged with and in what state, it's not worth getting worked up over.
Because you say my understanding is wrong, I would like it if you could give me the names of some states where possession is not a required element for a trafficking charge. Drug trafficking is charged and prosecuted based on what type of illegal drug a person possesses and how much of an illegal drug a person possesses.

Thanks.
 
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