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Nate
Nate, Lawyer
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Experience:  Over 10 years of criminal defense practice.
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I was approached by a man who had a napkin FULL of what appeared

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I was approached by a man who had a napkin FULL of what appeared to be AT LEAST $500 worth of "crack cocaine." This was within 1000 feet of an elementary school, public library/city bus pickup, AND sitting on picnic table in public park. I immediately went to city police chief who dispatched 3 officers. Officers treated ME as a criminal by saying what HE had was "fake" but my and they were going to let him go AFTER this man had "intent" to "sell" me crack (even though fake) and any other thing I wanted. 3 officers witnessed one officer take cuffs OFF man to let him go about his "business." I got upset because of possibility of him selling to my kids one day so I made a ":stink" about the matter and again I was treated as a criminal and asked if I want to do a statement. I had to raise my right hand and do an oath under purgy of law. After I did the oath they put cuffs back on man and arrested him. I am not sure the man even went to county jail to be honest. I have "proven" to city chief of ONE dirty cop and "dirty cop" was NOT even involved in the fake crack deal and is entirely another dirty cop story. My question what does florida law have to say about what I just described and if dirty cops what exactly can I do to protect my family from their own guns. I wait for reply Thank you. I am not even sure anymore about the chief and I have been a CI for him. Any advice would be nice ASAP as I have exposed drug dealers and dirty cops to city chief. Thank U very much....FLORIDA LAW SAYS WHAT EXACTLY ABOUT "INTENT TO SEEL REAL OR FAKE crack cocaine. Thank U. I need answer before accusuing more dirty cops and I think there is many more in my town.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Nate replied 1 year ago.
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

Florida makes selling or possessing to sell a counterfeit controlled substance a crime. The law is as follows:

831.31 Counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver.—

(1) It is unlawful for any person to sell, manufacture, or deliver, or to possess with intent to sell, manufacture, or deliver, a counterfeit controlled substance. Any person who violates this subsection with respect to:

(a) A controlled substance named or described in s. 893.03(1), (2), (3), or (4) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A controlled substance named or described in s. 893.03(5) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) For purposes of this section, “counterfeit controlled substance” means:
(a) A controlled substance named or described in s. 893.03 which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, or number, or any likeness thereof, of a manufacturer other than the person who in fact manufactured the controlled substance; or
(b) Any substance which is falsely identified as a controlled substance named or described in s. 893.03.

source: http://www.flsenate.gov/Laws/Statutes/2011/831.31

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Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10628
Experience: Over 10 years of criminal defense practice.
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