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Lawmoe
Lawmoe, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2415
Experience:  More than 19 years of experience as a Criminal Defense Lawyer
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my friend was caught flipping a few weeks ago and at the time

Customer Question

my friend was caught flipping a few weeks ago and at the time of arrest they couldnt find any drugs. ive learned since then that they found almost a half an ounce on him. i was talking to someone and they said he may just enter in a plea bargin. now i gave him $300 to flip for me, the only way they would be able to prove that is thru previous text messages that were sent in the days leading up to the arrest. now if he enters in a plea bargin in most cases would the cops still pull phone records if they knew he was flipping
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Lawmoe replied 7 years ago.

As part of a drug arrest, a search warrant is usually served that seeks address books, journals and cell phones because those items generally include names of people involved with buying or selling drugs. As a result, the police may already have your number.

 

As part of your friend's pleas, he may offer to provide information on other potential defendants. That occurs quite frequently which may be why no plea has yet been entered. It is also possible that law enforcement will seek text messages, but I think that is unlikely without any competent evidence, the statements of another defendant and miscellaneous text messages would be unlikely to support a conviction. Law enforcement would likely have to catch you in a new transaction to proceed with a prosecution.

 

Customer: replied 7 years ago.

on the day he was arrested intially i sent a message to his phone before i realized he was arrested and i asked him how his meeting went and when he could meet me. after i realized it was the cops i just said i didnt want to meet an nothing else. so the police have my number i know. but if he enters in a plea bargin and doesnt give my name then would the police still have enough for arrest/conviction with just the text messages

Expert:  Lawmoe replied 7 years ago.

It would be exceedingly difficult to prove that an illegal transaction occurred simply with text messages. They cannot prove who may have been using your phone. they cannot prove whether the texts were serious, in jest or part of some fantasy. They cannot prove that a transaction ever took place.

 

In short, if that is all they have, I don't think you have to worry about charges. But you are now on their radar.

 

 

 

 

 

Customer: replied 7 years ago.
but if he does give my name could they do anything then?
Expert:  Lawmoe replied 7 years ago.

It is still a weak case since the only witness is a defendant who has made a plea arrangement for the information. However, it is a substantially better case for the prosecution than no witness.

 

If he were to provide information, you may expect that a search warrant would be served on your residence seeking additional evidence. There would likely be sufficient probable cause with the text messages and statements of the defendant to support that search warrant.

 

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Customer: replied 7 years ago.
ok so if they have a search warrent and they come here and find nothing? cause there wouldnt be anything here since i was in no way involved with drugs
Expert:  Lawmoe replied 7 years ago.

As I stated, I think it would be difficult to support a case if the only evidence was the statement of a defendant and assorted text messages sent from your telephone number. It is possible none of the transactions occurred. It is possible others had use of your phone. It is obvious that a defendant making a plea has a motive to lie.

 

In other words, I doubt you will be charged. If you are, you have a solid defense.

 

Lawmoe and 3 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
thanks for your help
Expert:  Lawmoe replied 7 years ago.

Good luck to you.