Legal Question in Criminal Law in California

Can a controlled buy be used twice and 10 years apart?

My boyfriend was arrested 10 years ago when a search warrant was served on him at home. The police made it clear at the time of the arrest that they had a ''controlled buy'' He served 2 of a 3 year sentence in prison, released and returned home. A cousin of mine that has made repeated attempts to break me and my boyfriend up, found herself in a situation where she was facing Drug charges (she was on probation at the time for the same) and grand theft charges.In an effort to escape her own charges, she had to give up X amount of people. She told police that she purchased drugs from us.They served a search warrant and charged both of us with ''Sales'' because he had a small personal amount in his room. Now, after two years of fighting the case, they finally come up with ''we had a controlled buy''. There is no way possible that there was any controlled buy other than the one 10 years ago. He was convicted as a result of that controlled buy and subsequint search warrant. Can they use that controlled buy 10 years later to get another search warrant? Wouldn't that be considered double jeopardy?


Asked on 11/27/02, 10:58 am

2 Answers from Attorneys
David Diamond Diamond & Associates

Re: Can a controlled buy be used twice and 10 years apart?

It is difficult to go into all the details of the double jeopardy laws over email, but I can tell you that it seems as though you might have a case. We have over 23 years of experience dealing with these types of cases and would be more than happy to assist you in this matter. Please give us a call toll free at 1-800-You-Are-Innocent in order to set up a comsultation immediately.

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Answered on 11/28/02, 6:16 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Can a controlled buy be used twice and 10 years apart?

Thanks for your inquiry.

Your attorney, whether appointed or retained, should subpeona all information regarding the "controlled buy", including bringing a motion to reveal informants if necessary. You certainly may have defenses based upon this.

A plea may not necessarily be "double jeopardy", since that prevents trial on the same issues, but to the extent that the factual basis of the plea included this controlled buy, and it forms the factual basis of a new charge, it may be.

Thank you again, and if you have further questions, need more detail, or want assistance with your case, please feel free to contact me directly at [email protected], or via phone at 1-877-568-2977 (that's a toll free number). I'm happy to help in any way that I can.

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Answered on 11/27/02, 6:29 pm


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