Home > Research Legal Advice > Criminal Defense > Can feds charge you with more drugs than caught with?
Asked 6 months ago - Dallas, TX
FlagMy brother was arrested for possession controlled substance w/intent 38 grams was in dallas county the feds picked him up&told him if he didnt plea guilty to having a kilo&1/2 they would charge him with conspiracy.can they do that?also the narcotics agent that did the investigation on him pulled me over couple months later&issued me a citation,didnt take me jail had warrants&expired d.l
You need to contact a competent criminal defense lawyer that practices in FEDERAL COURT in your federal district where is case was brought. In general, the federal government can charge a substantive count of possession with intent to distribute AND a conspiracy count as well. This is a very serious charge in federal court. Get counsel ASAP.
There are a variety if charges that can be brought. He can be charged with the drugs that he was actually in possession of and if they can establish a conspiracy he can be charged with additional offenses as well even if he was in actual possession of the contraband. The best advice you can receive here is to make sure that your brother has an attorney to defend him. One need not necessarily believe everything law enforcement says, the attorney can best advise and guide him.
The conduct of the officers involved in a criminal investigation is typically evaluated based on all the circumstances of the case. You seem to be asking if the officers did something wrong. To answer that would require a great deal more detail than is appropriate to give on avvo.
The actual decision what to charge is made by the US Attorney's office and the grand jury when it comes to federal felonies.
Your brother needs to have a capable federal criminal defense lawyer working on this.
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