Has anyone prosecuted a drug case without the drugs? I have an admission from the defendant, co-defendant statements implicating defendant, as well as other things that show defendant was actively selling drugs; but, no drugs. This all resulted from a federal investigation, but this defendant cannot be prosecuted federally. Any suggestions?????

My guess is it depends on your facts and what other evidence you have, BUT I would tend to think that it might be better to use that information to get search warrants than to try to go forward prosecuting without the drugs. How are you going to prove what exactly he possessed and/or was selling?

Does the admission include a conclusion that the substance was exactly what it proported to be?

If we're talking Ecstasy, those pills are like a dog pound mutt with all sorts of substances blended up. How will you know if it's MDMA, Meth anything else...

If it's a white powder that is a stimulant, how do you prove it's cocaine or just really high quality Meth, or even worse, old school Amphetamine?

Why can they not prosecute it federally? I say let the feds clean up their own mess. (I was once a SAUSA who prosecuted drug cases.)

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Case involves kilograms of drugs. The reason the feds will not prosecute is because the defendant is a juvenile.

Do you have any lab reports? Can you recreate the chain of custody from the labs file? Or are there no drugs as in no drugs were ever siezed?

What happened to the kilograms of Coke? Surely the feds didn't let them move up the chain? I don't think you can prosecute without the drugs becasue you need the id and weigth to meet the elements.

Conspiracy! You will lose one degree in offense level; With a Juvenile, does it really matter? Prior to the enactment of Possession of Chemicals with intent to Manufacture 481.124, we sucessfully prosecuted a 2nd degree conspiracy based on the purchase of Pseudoephedrine, a Co-Conspirator's testimony and another co-conspirator's recorded statement to her father. The Austin Court affirmed, not published, Winfree v State

[This message was edited by John Greenwood on 03-03-08 at .]

[This message was edited by John Greenwood on 03-03-08 at .]

Seems to me there are federal laws designed to deal w/ juveniles, it would just involve some work.