I Bought Drugs From an Undercover Officer in New Port Richey: What Can I Do?

The Department of Justice states that “narcotic buy operations” are common in law enforcement agencies across the country. Also known as “controlled buys,” these operations involve undercover police officers selling or buying drugs to citizens. This strategy allows law enforcement to locate dealers and buyers before making arrests. But are these activities even legal? Can a New Port Richey defense attorney help you push back against drug possession charges in this scenario?

You Can Go to Jail for Buying Drugs From a Police Officer

First, it is important to note that even if you can go to jail for any drug-related interaction with an undercover police officer, whether you were buying or selling. At first, it might seem unfair to face incarceration for being a customer rather than a dealer, especially if the government was the one “dealing” to you. This situation might feel like you have been backed into a corner, especially if you have a substance abuse problem.

However, charges may still apply if you buy drugs from an officer. In the eyes of the law, you still become guilty of possession once you purchase the drugs. This is true regardless of who was selling the drugs.

What About the Entrapment Defense?

The entrapment defense is perhaps less effective than many defendants realize in this scenario. If a police officer offers to sell you drugs and you accept, this does not necessarily constitute entrapment. In order to take advantage of the entrapment defense, you must establish that the officer in question subjected you to serious pressure before you eventually agreed to purchase the drugs.

For example, you might have refused to buy the drugs at first. Next, the officer might have pestered you repeatedly until you eventually caved in and purchased the drugs. Perhaps the officer intimidated you in some way, making you feel as though he might hurt you unless you purchased the drugs. In these kinds of situations, the entrapment defense might apply.

Other defense strategies may prove more effective. For example, you could challenge the reliability of tape recordings made during the controlled buy, which the Justice Department admits are crucial to these kinds of prosecutions. You might also argue that the authorities engaged in some kind of constitutional violation when setting up the controlled buy. Speak with your lawyer to determine the most appropriate strategy based on your unique situation.

Can a New Port Richey Defense Attorney Help Me? 

A New Port Richey defense attorney may be able to help if you face drug possession charges. If you face these charges due to an interaction with an undercover officer, various defense strategies may apply to your situation. However, each case is different. Consider discussing your unique circumstances with a lawyer for more targeted guidance. Speak with Athanaselos & Associates today to plan out your next steps in more detail.

Source:

 ojp.gov/ncjrs/virtual-library/abstracts/narcotic-buy-operations