Conviction on drug charges can be for selling real or fake drugs

It's a curious thing that the drug laws penalize a person not only for selling unlawful drugs, but also for selling what is supposed to be a drug but is in actuality a harmless inert powder. A Louisiana woman was recently arrested on so-called drug charges of 'false representation' of methamphetamine. The 35-year-old female sold a substance to undercover agents claiming it was methamphetamine, according to Louisiana State Police.

The substance was tested and discovered not to be a controlled substance of any kind. It may be difficult to see a crime in what she did. It appears, however, that the crime is based not on the fact that she did not deliver the illegal drug that she promised, but rather on the fraud perpetrated to obtain money and give nothing in return.

Police arrested the woman at a residence in Sulphur. When police entered the premises to arrest her, they found and also arrested on an open warrant a 30-year-old female of Sulphur for previously selling real methamphetamines to them. They found hydrocodone pills and Flexeril tablets on her also.

She was arrested on drug charges of distribution of methamphetamine as well as a drug possession charge for the pills. Both women are now being held at the Calcasieu Parish Correctional Center in lieu of bond. The women will now retain counsel or have counsel appointed if they cannot afford one.

In a Louisiana case involving drug charges, the police and prosecution must present sufficient evidence to convict the accused of the elements of the crime beyond a reasonable doubt. If counsel and the accused determine by pre-trial investigation that the evidence is overwhelmingly in favor of the prosecution's case, then counsel will want to initiate early negotiations with the prosecutor. Early plea negotiations provide the best timing for obtaining a more accommodating sentence in favor of the accused.

Source: katc.com, "Troopers Make Narcotics Arrests in Sulphur," April 30, 2013

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