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Can feds charge you with more drugs than caught with?

Dallas, TX |

My 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

Attorney Answers 4


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.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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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.

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Yes they can charge him with possession and conspiracy. Only the attorney who is working his case and has reviewed the evidence can explain how they are coming up with the weight of the drugs.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.

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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.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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