Is a text message enough evidence to charge you with selling of marijuana or do you need to be caught red handedly?

Asked about 3 years ago - Walnut Creek, CA

do you need to be caught with weed and a scale?

Attorney answers (3)

  1. Jonathan J. Griffith

    Contributor Level 10

    Answered . There is no requirement that you be caught "red handed". The DA needs to prove beyond a reasonable doubt that you sold or gave away marijuana.

    Text messages aren't the strongest evidence, but I've seen them used on multiple occasions.

  2. David Jon Pullman

    Contributor Level 19

    Answered . They can charge you, but it's very doubtful they can convict you based on a text message alone. There usually needs to be more evidence to convict, such as marked money, an observed sale, etc. Just talking about selling weed doesn't prove beyond a reasonable doubt that you sold weed. If you are charged with selling marijuana, feel free to call me for a free consultation. These are the kinds of cases that I love to fight. David Pullman 866-244-5004

  3. Richard L McBreen III

    Pro

    Contributor Level 8

    Answered . A text message is probably is enough to charge someone with a crime depending on the content of the message. A conviction based solely on a text message might seem unlikely, but without knowing the content of the message it's tough to say. There is certainly no requirement that you need to be caught with drugs and a scale.

    If you've been charged with selling marijuana, the best thing you can do is contact an experienced local attorney. Your attorney will be able to evaluate the strength of the state's case and may even be able to suppress the evidence found in the text message.

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