A man was charged with heroin delivery on Oct. 28, after being taken into custody on Oct. 24. After his home was searched, he and two other people were taken into custody on suspicion of drug crimes.
According to a criminal complaint, an undercover informant contacted one of the three individuals who went to the defendant's home with the informant. The informant waited outside while the other person went into the home. When both parties left, police took the man into custody, and he admitted that he purchased heroin from the defendant. The informant admitted to giving the buyer money and receiving the heroin in return.
Law enforcement officers returned to the home with a search warrant. Inside, they discovered drug packaging materials, cash and drugs. The defendant admitted that, for the past three months, he had been selling heroin. At the Oct. 28 hearing, the man was charged with one count of maintaining a drug trafficking place and one count of possession with intent to deliver heroin. If he is convicted, the possession charge may result in a maximum sentence of 25 years.
When law enforcement uses informants or undercover officers in an investigation, a defendant may be able to claim entrapment as part of his or her defense argument. Additionally, if the police did not properly execute a search warrant, the defense may be able to claim unlawful search and seizure.
On the other hand, if the police did not violate the defendant's rights and upheld the law, the defendant may choose to accept a plea bargain. In accepting a plea deal, the defendant may avoid serving the maximum penalty. The prosecution may offer reduced penalties in exchange for valuable information or a guilty plea. A lawyer with experience in criminal law may be a good resource for someone facing similar charges.
Source: WXOW, "Drug bust suspect charged with heroin delivery", November 28, 2013