Can I be charged with drug trafficking without evidence of selling drugs?

Full question:

if u charage with conspire sell sch 1cs, but had no drug on u and did not see u sell any drugs and i never sold drugs, nor have i being in trouble and now they are talking about arresting me for trafficing drugs what can i do and can they do this?

• Category: Drugs
• Date: 04/07/2025
• State: North Carolina

Answer:

The decision to charge someone with a crime, including conspiracy to sell drugs, depends on whether the prosecutor believes there is enough evidence to establish probable cause. Probable cause means that a reasonable attorney would think the claim could succeed in court. The court will evaluate all facts and circumstances surrounding the case, including the nature of the arrest and whether there was reasonable suspicion or probable cause for the charge.

Conspiracy is a distinct offense where individuals agree to commit a crime, even if that crime was not completed. To prove conspiracy, it is not necessary to show that the crime was carried out or that the conspirator was involved in all stages of the plan. The key elements are a voluntary agreement to participate and an overt act by one of the conspirators to further the plan. If a person understands the unlawful nature of the plan and knowingly joins in, that can lead to a conspiracy conviction, even if their role was minor.

Statements made by conspirators in furtherance of the conspiracy can be used against all involved, even if they include damaging references to others. Each conspirator is liable for any substantive crime committed by another conspirator in furtherance of the conspiracy.

Since you mentioned that you have no prior trouble with the law, it is crucial to consult with a local criminal attorney or request a public defender, as significant rights and freedoms are at stake. For reference, North Carolina law outlines various penalties for drug-related offenses, including conspiracy and trafficking (N.C. Gen. Stat. § 90-95).