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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 542
Experience:  Attorney and Counselor at Law
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My son was handed a narcotic at school and was told to give

Customer Question

My son was handed a narcotic at school and was told to give it to the kid beside him not knowing what it was, can they charge him with possession when it wasn't caught in his hand
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 6 months ago.

Hello. I will help you today. I have been an attorney for 27 years. I am reviewing your question and will be back to you shortly.

Expert:  Colleen Grady replied 6 months ago.

Please give me a short time to prepare an answer for you.

Customer: replied 6 months ago.
ok
Customer: replied 6 months ago.
it said it would coast 45
Expert:  Colleen Grady replied 6 months ago.

You don't pay anything unless you are satisfied with my service. I'm sorry for the delay. I was researching something. I worked in narcotics investigations in NY for over 9 years and I have concerns for you and your son. Based on what you have told me your son can be charged with possession. I am more concerned that he will be charged with sale of a narcotic. Can you tell me if this happened on school grounds? Also, what was the drug?

Expert:  Colleen Grady replied 6 months ago.

I looked at your question again. Sorry. It did happen on school grounds. I asked this because the laws are more serious if someone sells on school grounds.

Customer: replied 6 months ago.
he did not touch any money it was a form of oxycodone, yes at school
Expert:  Colleen Grady replied 6 months ago.

What happened to your son is a method used by drug dealers to distance themselves from the drug deal. Dealers use other people to deliver the drugs so they will not be connected to the crime. Unfortunately, the person delivering the drug can be accused of selling or facilitating the deal.

Dealers also use another person to get the money. They create a tangle so it is hard for law enforcement to trace what happened. It is also harder to prove the case.

Expert:  Colleen Grady replied 6 months ago.

Has your son been charged with possession?

Customer: replied 6 months ago.
the sherriff didn't arrest him since he was honest but fillied papers and said he will be on probation I had to pick him up at the school
Expert:  Colleen Grady replied 6 months ago.

He is very lucky if this happened, but I would be concerned about what was on the papers. You may want to talk to the Sheriff. Probation is given by the courts after a process. I want to make sure there is no official public record.

Expert:  Colleen Grady replied 6 months ago.

Technically, your son could have been charged with sale and could have been charged with a felony.

Here is what the law says:

IC 35-48-4-2 Dealing in a schedule I, II, or III controlled substance Sec. 2.

(a) A person who:

(1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of; a controlled substance, pure or adulterated, classified in schedule I, II, or III, except marijuana, hash oil, hashish, salvia, or a synthetic drug;

or (2) possesses, with intent to: (A) manufacture; (B) finance the manufacture of; (C) deliver; or (D) finance the delivery of; a controlled substance, pure or adulterated, classified in schedule I, II, or III, except marijuana, hash oil, hashish, salvia, or a synthetic drug; commits dealing in a schedule I, II, or III controlled substance, a Level 6 felony, except as provided in subsections (b) through (f). (b) A person may be convicted of an offense under subsection (a)(2) only if there is evidence in addition to the weight of the drug that the person intended to manufacture, finance the manufacture of, deliver, or finance the delivery of the drug. (c) The offense is a Level 5 felony if: (1) the amount of the drug involved is at least one (1) gram but less than five (5) grams; or (2) the amount of the drug involved is less than one (1) gram and an enhancing circumstance applies. (d) The offense is a Level 4 felony if: (1) the amount of the drug involved is at least five (5) but less than ten (10) grams; or (2) the amount of the drug involved is at least one (1) gram but less than five (5) grams and an enhancing circumstance applies. (e) The offense is a Level 3 felony if: Indiana Code 2015 (1) the amount of the drug involved is at least ten (10) but less than twenty-eight (28) grams; or (2) the amount of the drug involved is at least five (5) but less than ten (10) grams and an enhancing circumstance applies. (f) The offense is a Level 2 felony if: (1) the amount of the drug involved is at least twenty-eight (28) grams; or (2) the amount of the drug involved is at least ten (10) but less than twenty-eight (28) grams and an enhancing circumstance applies

Expert:  Colleen Grady replied 6 months ago.

Do you know if the other student was arrested?

Expert:  Colleen Grady replied 6 months ago.

Let me know if I can help you more. I am here to answer whatever questions you have. You can also reach out to me later if you think of anything. If you are satisfied with my help, I ask that you rate me for my service.

Customer: replied 6 months ago.
no I do not know if they where
Customer: replied 6 months ago.
how do I get back with you
Expert:  Colleen Grady replied 6 months ago.

You can ask for me by name: Colleen Grady. This question will be open for a few days. You can follow up here.

Expert:  Colleen Grady replied 6 months ago.

I am worried about your son even touching these drugs and where they are coming from