Legal Question in Criminal Law in New York
If a person was said to have sold cocaine to an undercover in the amount of $200 or less but was not arrested and a mth later was said to have sat in the car with an undercover who wanted $2000 or more worth of narcotic but the "alleged" seller refused and didnt have anything in his possession but was arrested on that day, what are the defendants chances and can the defendant fight these charges?
3 Answers from Attorneys
Of course he can fight the charges. But without more information I can't say how likely he is to win.
Presumably the charges stem from the first incident and not the second. The fact that he wasn't arrested at the time will not help him much, but there may be other arguments he can make depending upon the facts.
It sure helps that he didn't go for the second sale and he wasn't arrested right after the first sale. He may have a shot at beating the case or at least having better bargaining position.
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