Legal Question in Criminal Law in Virginia
Can you be charged with selling a controlled substances if the person(s) buying uses ALL of the substance before leaving?
2 Answers from Attorneys
Sure. The prosecutor would not be able to show the substance to the jury, but there are other ways to prove beyond a reasonable doubt that the sale occurred.
While you could be charges for the sale, conviction will be more difficult. The prosecution will have to prove that the substance that you sold and the substance that was consumed/ingested was in fact an illegal narcotic. Without that evidence at a trial, proving this element will be very difficult. Various jurisdictions in Virginia will not even pursue a case without evidence. It depends on which city/county you were charged in.
Give me a call at 703.870.6868 to discuss your case in detail.
Please visit my website http://medvinlaw.com to read about Virginia drug charges.
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