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  1. #1
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    Feb 2009
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    Default Intent to Sell with No Evidence of Possession

    My question involves criminal law for the state of: WAshington

    Suppose I discussed selling a drug to someone over the phone or a text message. If this person tells the police/police obtain the texts, can I be charged with intent to sell/deliver/distribute if the police don't have evidence that I actually had drugs on me?

    Also, what if the police saw me go to a place where we were supposed to meet, in that case would that be enough for the charge of intent to sell?

    Thanks.

  2. #2
    Join Date
    Aug 2007
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    Default Re: Is Intent to Sell a Crime with No Evidence of the Possession

    Quote Quoting paragon
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    My question involves criminal law for the state of: WAshington

    Suppose I discussed selling a drug to someone over the phone or a text message. If this person tells the police/police obtain the texts, can I be charged with intent to sell/deliver/distribute if the police don't have evidence that I actually had drugs on me?

    Also, what if the police saw me go to a place where we were supposed to meet, in that case would that be enough for the charge of intent to sell?

    Thanks.

    Here is the statutory defintion of the Anticipatory offense of; Attempt:


    http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.28.020

    Meeting a person to sell/buy drugs, even if the crime was NOT completed, is a "substantial" step to completion, you think?

    Of course they would wait until the crime went down probably for a higher charge.

  3. #3
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    Feb 2009
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    Default Re: Intent to Sell with No Evidence of Possession

    What if the police didn't see me go to the spot where we were going to meet but just have text message records and testimony from the other party? Keep in mind no deal was made.

  4. #4
    Join Date
    Aug 2007
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    Default Re: Intent to Sell with No Evidence of Possession

    Quote Quoting paragon
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    What if the police didn't see me go to the spot where we were going to meet but just have text message records and testimony from the other party? Keep in mind no deal was made.

    You would have to look up your state drug laws and the section dealing with Intent to distribute/sell and see if what you describe would fall under it.

    Attempt to distribute, is not the same as the actual act of distributing.

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