Can a Narcotics Investigator Change Your Charge

My question involves criminal law for the state of: South Carolina



My friend has a drug problem unfortunately and just middle mans some pills to support his habit. Said he was texting a friend all day about getting up to sell him a subutex (suboxone). His friend gets arrested after he meets up with 'his dealer' which was a cop posing as someone else texting him on a cell phone.. So he still thought he was texting his friend, he gets a text that says meet here or there at this time. He goes, 3 narc agents pop out of a truck and arrest him, he had half a bar, one subutex, and 3/4 quarter sub strip. He was shocked to find out his friend set him up, come to find he didnt and he was sitting in jail and the cop was texting him for the last 30 minutes setting up the meet to buy a pill. They also took his cell phone which is nothing but drug filled text conversations and drug contacts.He got out the next day.

The narc told him he was just going to cite him for 'loitering for the purpose of drugs', a minor offense. But if he didnt get up with this cop to roll on someone else, he said he will void the minor loitering charge and issue 2 felony warrants for him, poss of controlled sub and conspiracry or just plain old distribution of cont substances. They told him he could get 20 years in prison, which i highly doubt. I figured probation at worst. Unfortunately he doesnt have money for a lawyer and I dont know if he should trust a public defendent.

Im starting to think he may have gotten off good by leading those cops on to thinking he will help them, and since his ticket and PR bond paperwork from the judge at the jail states his charge has 'Loitering for purpose of drugs' I cannot see how they could just change this and slap on a felony and possession charge. I could be wrong, anyone have advice for this situation?

A PD is an attorney. If he doesn't feel confident with a PD, you're of course free to help him pay for a private attorney.

yes but it is well known that PD's have worked with police directly and will help them get a criminal prosecuted.

Good grief.

They are likely free to dismiss the original charge and issue new charges up until a verdict is issued on the original charge. There may be issues of double jeopardy in that scenario but that would hang on the details, which we don't have.

Actually, double jeopardy issues exist as soon as the trial starts (generally considered to be the time the first witness gives testimony).

To answer the original question, the police recommend charges, but it's the prosecutor who decides what to actually go after, and YES that can change up to the moment the trial starts.

Quote:

---

Quoting moonrockin

---

The narc told him he was just going to cite him for 'loitering for the purpose of drugs', a minor offense. But if he didnt get up with this cop to roll on someone else, he said he will void the minor loitering charge and issue 2 felony warrants for him, poss of controlled sub and conspiracry or just plain old distribution of cont substances. They told him he could get 20 years in prison, which i highly doubt. I figured probation at worst.

---

It depends on his record.

Quote:

---

Quoting moonrockin

---

Im starting to think he may have gotten off good by leading those cops on to thinking he will help them, and since his ticket and PR bond paperwork from the judge at the jail states his charge has 'Loitering for purpose of drugs' I cannot see how they could just change this and slap on a felony and possession charge. I could be wrong, anyone have advice for this situation?

---

Double jeopardy would not attach merely because the charge has been filed, but a narcotics task force trying to work with an informant will more typically hold off on seeking charges against the defendant during that process. We weren't there and you haven't told us the extent, if any, to which the police are still trying to get information from your friend. If they're not, and the charge is proceeding, they may be done with him. If, on the other hand, he promised to work with them, got a reduction and is trying to back out of that arrangement....

Quote:

---

Quoting moonrockin

---

yes but it is well known that PD's have worked with police directly and will help them get a criminal prosecuted.

---

So... your friend is on dope, and you're on crack?

Here's the difference between a Public Defender and a Private Lawyer: The private lawyer can spend more time on your friends case, while the PD has a heavier case load and will not be able to spend as much time on it.

Both likely graduated from the exact same Law School.

Public defenders, as in lawyers who work in public defenders offices, tend to be above average criminal defense lawyers. Why? Tons of experience. A court-appointed lawyer in a county with no public defender's office is in private practice, and many lawyers who you might hire will be on the appointments list. The quality is much more hit-or-miss. The best and worst criminal defense lawyers tend to be in private practice - and you generally know when you're dealing with the top lawyers because of the fees they can command.

Quote:

---

Quoting moonrockin

---

yes but it is well known that PD's have worked with police directly and will help them get a criminal prosecuted.

---

Wow. Things must be much different in SC than here in WA. I’ve been in law enforcement for going on two decades and I have NEVER had a PD (or any defense attorney) “work” with me or help me get a criminal prosecuted. And, if they did, they could be subject to malpractice civil suit and/or discipline from the state BAR association, possibly disbarment. In fact, in my experience and if I were charged with a criminal offense, I would PREFER a PD to represent me rather than a private attorney (unless I could afford the equivalent of the teams that defended OJ or the Melendez brothers!).

But, to answer your question…yes, the cops can (and routinely do) make deals with drug dealers. And, from what you have described regarding the evidence they have against your “friend,” he is an established and habitual drug dealer. The cops offer a relatively minor charge in return for cooperation to catch a bigger fish. But, if the arrestee doesn’t hold up his/her end of the deal, they can (and routinely do) slap on the heaviest charge(s) appropriate to the circumstances.

Far from having “gotten off good,” your “friend” is in a serious position. He needs to decide to either work with the police (effectively ending his drug dealing career forever) or be prepared to face charges that have the potential of putting him in prison for a minute.

Thanks for the information. My friend and roomate is a non violent drug user who has no prior convictions, I honestly do not know how people sleep at night putting these sick people in such situations. It does not solve the problem, only sending them into a tailspin of more despair and drug use.

I told him working with the cops over 2 and a half pills should not be anywhere on his radar, unless he wants to run the risk of getting hurt or killed on the streets. Those cops dont give 2 shits about him

moonrockin,

How did this all turn out?