The crime of Drug Delivery is what it says it is: the unlawful delivery of a drug by one person to another. Contrary to the misconception of many people, the law does not require an exchange of money (although it generally does involve such exhange) and includes the delivery of a counterfeit substance (for example, baking soda instead of cocaine).
The Use of Confidential Informants (CIs)
Most arrests for Drug Delivery are the result of a police investigation targeting the person ultimately charged. Typically, these investigations are initiated through use of a Confidential Informant (CI), a person who is cooperating with the police to minimize the penalties they are facing for their own drug or criminal charges. Drug Task Force officers will generally work with a CI to facilitate a drug transaction with the "target" in order to work their way up the drug chain or widen their net of opportunity in the War on Drugs.
The Drug Delivery Investigation
In a typical drug investigation, the CI initiates contact by phone building a record of the investigation against the "target," who is ultimately charged. Phone records, including text messages, can be secured and preserved by law enforcement to document their investigation and bolster the credibility of the CI, who they know is likely to come under attack by an experienced drug defense lawyer. The use of phone calls or text messages to facilitate a drug transaction can also lead to an additional charge, Criminal Use of a Communication Facility.
Once the time and location of the drug transaction is set, the police will search the CI for contraband prior to the purchase of drugs from the "target" and set up surveillance in that area. A search for contraband prior to and after the transaction is done to eliminate an argument by the defense that the CI hid the drugs prior to the transaction and/or kept the "buy money" for themselves. The police surveillance is intended to provide direct police observations of the transaction independent of the CI and, thereby, placing less reliance on the CI as the case moves forward.
The Drug Arrest
After the drug transaction takes place, the police may take the target into immediate custody making the drug arrest or let them walk. If the police let the target walk in order to continue their investigation or protect the identity of the CI, the Felony Drug Delivery charges will later be filed by arrest warrant at some point in the future.
This is "generally," "typically," or "normally" the investigative method used by law enforcement when targeting a person for Drug Delivery charges. However, the method is not always precisely followed at each stage of the investigation by police. Where mistakes are made by the police during the course of a drug delivery investigation, an experienced and knowledgeable Drug Delivery Defense Attorney can exploit these deficiencies while asserting your rights and advancing your interests throughout the criminal justice process.
If convicted of a Drug Delivery charge, it will result in criminal record for a Felony offense. Additionally, based upon the severity of the offense and other factors, it could result a county jail or state prison sentence. Finally, a Felony Drug Delivery charge can result in additional collateral consequences, such as, a loss of employment or financial aid or gun rights and a suspension of driving privileges.
Don't leave the result of your case to chance. Get the help of a professional, experienced, and knowledgeable drug delivery defense attorney.
About the Author:
Attorney Shawn M. Curry is an professional, experienced, and knowledgeable Drug Delivery Defense Lawyer. With a record of proven results, Shawn is committed to Helping People accused for drug crimes throughout Central Pennsylvania. Extending his experience beyond the courtroom, Attorney Curry has attended the National Drug Defense Seminar.
If you or a loved one has been charged with Drug Delivery or any drug crime, contact Shawn Curry Law today.
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