possesoin with intent to distribute

What is the name of your state? Florida

My husband was charged with possesion of cocaine with intent to distribute on 2/22/03. He is currently being held without bond for a violation of community control. He arrested for that violation on 2/15/03. He was originaly placed on CC for a prior possesion charge. The police said he sold to an informant on 2/11/03 and the transaction was observed by an undercover cop. If this is so then why did they not arrest him at that time. The did not even charge him with the possesion until after he had been in custody for the violation for 7 days. I strongly belive he could of beaten the first possesion charge, but he laywer was no good and convinced him to accept the offer of CC. In order for the state to prove their case what type of eveidence must they show? Would'nt they have to have the sale on tape either visual or audio of have found some form of marked money in his possesion to prove the transaction occured? or are they going to just go by the word of the cop who supposedly observed this transaction. My husband has an attorney who advised me that his game plan is to force the state to divulge the informat. Will this work? I have good faith that he is a good attorney but I am doing some research and trying to find out my husband rights and see what can be done to set him free. The neighborhood we live in is a drug area and city police and raiders ride through here every day looking for people to harrass. Now they are just trying to stick this charge to my husband with no evidence

"If this is so then why did they not arrest him at that time."
*** Could be for several reasons. For example: They could have tailed him to see if he lead them to others. They could have waited until confirming the substance sold. They might not have wanted to 'burn' their UC. There is NO requirement that they arrest at the time.

"The did not even charge him with the possesion until after he had been in custody for the violation for 7 days."
*** And??

"I strongly belive he could of beaten the first possesion charge, but he laywer was no good and convinced him to accept the offer of CC."
*** You BELIEVE he could have BEATEN the charge!!! What planet are you from?? Your own post makes NO claims of innocence (nor does the apparent evidence against him). How do you think he could have beaten the charge and what is your legal training to develop that belief??

"In order for the state to prove their case what type of eveidence must they show?"
*** That is like asking how much is too much.... there is simply no way for anyone to answer it accurately without extensive knowledge of the claims and evidence. Suffice to say though, all they need is 'enough to convince the court that he is guilty of the charges brought'.

"Would'nt they have to have the sale on tape either visual or audio of have found some form of marked money in his possesion to prove the transaction occured?"
*** Nope. Officers testimony is often sufficient.

'or are they going to just go by the word of the cop who supposedly observed this transaction."
*** Lets see, trust an officers testimony..... or a known, previously convicted druggie???? I know which I would believe.

"My husband has an attorney who advised me that his game plan is to force the state to divulge the informat. Will this work?"
*** It might. But what good will that do??

"I have good faith that he is a good attorney but I am doing some research and trying to find out my husband rights and see what can be done to set him free."
*** Hopefully, nothing. From your post, it sounds like he is a scumbag that is currently where he deserves.

"The neighborhood we live in is a drug area and city police and raiders ride through here every day looking for people to harrass."
*** Helps to keep his customers 'close to home', eh??

"Now they are just trying to stick this charge to my husband with no evidence"
*** Prove that denial is not just a river in Egypt!!! Lets see, from your own post:
- Prior possession conviction
- Currently on 'community control'
- Caught selling to undercover
Yep, certainly sounds like 'no evidence' to me!!

"The neighborhood we live in is a drug area and city police and raiders ride through here every day looking for people to harass"

I think you need to stay RIGHT where you are...you are exactly where you belong, and so is your husband.