I have a friend that was arrested and charges with possession with intent to sell and deliver and drug trafficking and wasn't caught with any drugs on himself or in the vehicle he occupied?
There are lots of way this could be possible. For example, if he sold all the drugs he had on him to a CI or police officer. When they arrested him after such a sale, he would have no drugs but the case would be very strong. There may also be witness testimony, taped phones, e-mails, text messages, video record...the list goes on. There is absolutely no requirement that you a person be caught red handed. Your friend needs an attorney.
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There is not enough information in your question to answer it. It might be that they were arrested for something that happened on a previous occasion--it is common for warrants to be issued and served weeks or months after the actual crime took place when talking about narcotics cases. The fact is that there is no legal rule that says you have to be caught with contraband actually in your possession at the time of your arrest. The State still must prove the elements of the offenses charged, and to the extent that possession is an element then they will have to establish that at some point your friend had drugs in their possession beyond a reasonable doubt.
Fortunately there is a process called Discovery by which your friend, through their attorney, will be able to learn a great deal more about the charges and evidence against them.
No answer to these questions is intended to, nor does it, create an attorney-client relationship. There is no substitute for an actual conversation with a licensed attorney about the particular facts and circumstances of your case.
We need additional information or to accurately answer your question. However just because a person does not have drugs on them at the time of arrest does not mean that the state does not have the evidence to prosecute them for the trafficking of illegal substances. Your friend should consult his or her attorney at the earliest convenience.
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