Thread: Technicalities on being arrested and charged with conspiring to attempt

drug trafficking - Florida? What are the technicalities on being arrested and charged with conspiring to attempt drug trafficking if the drugs were fake/not illegal? – State of Florida

The drugs in question were Sudafed and tested as such when the SWAT/Police tested said drugs.

Well, it is not me who was charged-THANK GOD! That is not at all my lifestyle, unfortunatley it is the lifestyle of one of my younger brothers.....

Techicalities? I think that you mean the "elements", the specific facts that must be proved beyond a reasonable doubt. A "technicality" is the popular and non-legal term for a procedural requirement that can impact a case even though it doesn't go to the substance of the allegations.

You can find the legal definitions of an offense in the statutes for Florida - copies of which should be available in any public library or, if not, in the law library of any decent court house.

Your state may have laws controlling the movement of drugs, even non-prescription drugs. Cigs aren't illegal yet it is (in NY anyway) a crime to sell under some circumstances. Sudafed is a problem because of crystal meth (though PE supposedly doesn'y have that problem - which Sudafed are we talking about?)

Who actually tested the drugs? if it was some kind of field test, it may not be conclusive. You may need a police trained technologist if the circumstances substantiate a possibility that it may be ilicit.

You have to differentiate between two allegations - the crime and the conspiracy to commit it. Take an attempt to commit a crime, you can't be convicted of both a crime and the attempt to commit that same crime - one is a "lesser included of the other".

With conspiracy, the rules are different, it really is a separate crime - you can get tagged for both because all you need to be guilty is that you and somebody else planned a crime and too some overt step towards its completion.