I know someone in jail for possesion in texas. He says that what he was caught with is fake and as soon as they test it they will release him. I was under the impression that they test it right away or they have nothing to hold you for, but he says they sent it to a lab and the results are not in yet. He's been there for about two weeks. Does anyone know?
2006-08-09 16:02:46 · 11 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
He said it was msn, just the stuff to mix it with. He said he got ripped off. It is 17 grams worth. What are the charges if it really is fake?
2006-08-09 16:23:19 · update #1
The test on the drugs that some officers do is just a prelim and not used as evidence in court. It can take up to 4 months to get results back from a state lab. I know one person in GA who was in for almost 18 months waiting and they finally droped it for lack of evidence.
It is not like TV, most small departments use the one state crime lab and it is backed up for months getting results back
2006-08-09 16:09:27 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Why would one walk around with substance that is meant to fool cops? What is the point of it?
I am sure what is going on is the frame of mind your friend had. Was he meaning to commit a crime - as in sell this stuff that is fake but looks like drugs - with what he had? In law, there is "intent". They can try someone on the frame of mind they were in at the moment of arrest. Was your friend trying to pass off the fake drugs as real to someone? That is still committing a crime.
To answer your question (which I am still confused by): They have a test that will inform them if it is possibly illegal narcotics or not. But they do lab tests on it to detect grade and purity, as well as use the actual lab test in court to convict them of positively dealing drugs.
2006-08-09 16:48:24 · answer #2 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
In most cases, mistake of fact is no excuse.
The basic elements to a crime is the actus rea combined with the mens rea:
The unlawful act + intent to commit the act = crime.
If he bought what he thought was a drug precursor/controlled substance with the intent to possess for his own personal use, or distribute, and the item is bogus, he can still be charged with the crime, according to many jurisdictions.
Texas may be different; speak to an attorney.
2006-08-09 18:16:29 · answer #3 · answered by MenifeeManiac 7 · 0⤊ 0⤋
There is normally a prelimary test done right at the scene. In any event you can go to your local clerk of court web site and look up the charges or go to the police dept that arrested him and get a copy of the arrest report. Story sounds a little strange to me, and 2 weeks without any results, I think someone is lying to you!
2006-08-09 16:10:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Sounds like he is pulling your leg. By the way, "I'm holding this for a friend."
Why would anyone carry around a fake drug, unless they are willing to die by buyers they are trying to rip off. And the cops know right away if it's fake or not.
2006-08-09 16:09:02 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I think they do test it as soon as it comes in and if the person had the substance packaged like the real thing then suspicion would be raised as to whether he/she was attempting to distribute it as such.
2006-08-09 16:09:30 · answer #6 · answered by Diana C 4 · 0⤊ 0⤋
I don't know, I am sure it varies state to state, maybe county to county. I assume he doesn't have an attorney? The attorney can probably put the heat on them faster I would hope. Gee, if he shot somebody he would probably be out already.
2006-08-09 16:15:48 · answer #7 · answered by TG Special 5 · 0⤊ 0⤋
When they busted my bro's ex, the charges were attempting to sell fake narcotics. They knew that night it wasn't real
2006-08-09 16:08:39 · answer #8 · answered by Theresa 4 · 0⤊ 0⤋
Could it be that he is not being truthful? Now there is a thought!
2006-08-09 16:10:19 · answer #9 · answered by ? 6 · 0⤊ 0⤋
A TEST IS USUALLY DONE ASAP! THE POLICE KNOW WHAS" UP!
2006-08-09 16:08:40 · answer #10 · answered by Penney S 6 · 0⤊ 0⤋