Can a 'cri',waring a wire ,and 3 controlled buys,be enough to convict a person on poss of a controlled substance with a prior?

Asked over 1 year ago - Visalia, CA

a person in trouble decided to work with police,wore a wire and made 3 control buys..thats all the evidence they have,a warrant was issued, and arrest was made.the person arrested wasn't under the influence,had no drugs in poss,,,,all they have is the control buys,and audio from the wire

Attorney answers (5)

  1. John M. Kaman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . That's more than enough.

  2. Frank Mascagni III

    Contributor Level 20

    4

    Lawyers agree

    Answered . The defendant needs a good criminal defense attorney ASAP. The police frequently use a confidential informant to work off their charges by setting up other drug consumers (buyers and sellers). If the police have a live witness, copies of the audio recording, the money and/or drugs, third party police officers monitoring, etc., certainly a charged defendant can be found guilty of a criminal drug transaction. This is classic police work in drug crimes. The defendant needs a good lawyer ASAP.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  3. Sean P. Wickens

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . Very often drug charges are based on controlled buys using a confidential informant, so this is not uncommon. However, there are numerous issues related to use of CI's for controlled buys, so you should contact an experienced criminal defense attorney.

  4. Michael Carter Lukehart

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . Yes.

  5. Angela M Berry-Jacoby

    Contributor Level 12

    2

    Lawyers agree

    Answered . The facts you state are enough, absolutely. But your question had another component. You asked is it enough to convict for the charge with a prior conviction. The prior conviction must be alleged and it operates as a sentencing enhancement. The prosecution has to prove that conviction with competent evidence, as well.

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