grandson arrested for selling one zanax to a girl that was wired with a camera. part of a sting operation. what can we expect at his arraignment?

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grandson arrested for selling one zanax to a girl that was wired with a camera. part of a sting operation. what can we expect at his arraignment?

he is 20 years old. no prior convictions. We do not know what to be prepared for. We do not know the true lilmits of what they can do or charge him with. After the cops caught him on camera, the cops have contacted him several times asking him to wear a wire/camera. He was afraid to do it. They finally arrested him at work.

Asked on May 3, 2009 under Criminal Law, Mississippi

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It's hard to say what the exact charges would be.  For one thing you don't say whether this is a state or federal matter.  Also, you don't give details as to whether or not he had a prescription for the zanax.  Also, why did this girl seek him out?  Had he sold to her before?  And why did the police want him to wear a wire?  Do think that he is privy to other criminal acts?  Since he's 20 he isn't a minor and will be charged as an adult. 

However the fact that he has an otherwise clean record will certainly be in his favor.  A good attorney might be able to get the charges reduced or get your grandson into a "diversion" program.  Diversion is available to first time offenders only.  By the terms of his particular agreement he would typically pay a fine, undertake community service and, if applicable, enter into a drug treatment program.  If he successfully completes all requirements of his diversion then he would have no criminal conviction on his record. Diversion however is discretionary and his cooperation would be helpful.

However in order to get diversion he would have to enter a guilty plea.  If he didn't comply with all the terms of his diversion or if he got into any more trouble in the meantime, the court could then find him guilty based on his previously entered plea.  He would then be sentenced accordingly.

I understand that he's scared to wear a wire but possibly all charges could be dropped if he did.  Bottom line, he needs to speak with a criminal attorney in your area to sort this all out.  The sooner the better.


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