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Can i be convicted of conspiracy and possession of a controlled substance with intent to sale?

Visalia, CA |

A search warrant was issued based on a conversation that was recorded between myself and a suspected drug dealer whose phone was tapped. The results of the search were zilch! No dope,no scale,no large sums of money,no packaging material, not even paraphanellia was found! But yet the still arrested me for possession for sales (possession of ???) and conspiracy. The conversation recorded consisted of (spoken in spanish) myself telling him that a mutual friend was arrested and that i was going on vacation. I also stated i needed something for personal use and asked if he can bring me something? End of conversation! Is this sufficient enough to convict me of the charges im charged with?(poss.for.sales/conspiracy)

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Attorney answers 4

Best Answer

Without some actual drugs in your possession - constructive or actual - you cannot be convicted of a possessory charge. But you can be at least charged with conspiracy, which is simply stated, an agreement with an act in furtherance of the object of the agreement. I suspect there are more facts and circumstances here, as there always are. In any event, do not make any more statements on the Internet or to anyone else except your attorney. It can and will come back to bite you.


I agree with my colleague. This is certainly a matter which raises all sorts of questions. Get an attorney to deal with this.

Andrew Roberts (818) 597-0633/ (805) 496-7777


Your questions are difficult to answer without more facts. Please do not answer these questions online. Have you purchased drugs from the suspected drug dealer in the past? Do the police have phone records showing you making numerous calls to him (and he to you)? Does the other person have pay-owe sheets with your name on them? Is there video of you and the other person together and if so, where? Have you been to this other person's house on short (five min. or less) visits?

Hire an attorney. These types of cases cry out for a good attorney.


There isn't enough information about the case to give a logical answer because it seems that they got the search warrant and you are being charged with conspiracy which holds you to the crime of sales. If the conversation was in Spanish, it seems a little shady--they probably had an informant who spoke Spanish and heard something inculpatory, or he would not have had the probable cause for the search warrant. The fact that you were speaking to a suspected drug dealer doesn't help. Get a consult! LAW OFFICES OF VICTORIA CLEMANS.

This is a general statement regarding law and facts and should not be construed as an attorney-client relationship or a solicitation for same.