A Montgomery County court waived two felony drug charges and three misdemeanor charges against a 25-year-old man. The man allegedly sold a bag of fake cocaine to police in a bar and restaurant bathroom. Police were originally called to the bar by a bartender who reported that the man was attempting to sell drugs to bar patrons. A plainclothes detective later arrived at the bar and observed a man, who fit the description given by the bartender, standing near the bathroom. Police reported having made previous undercover drug buys from the man in the past.
An undercover detective entered the bathroom, and the man reportedly followed him in and told the detective that he had cocaine. The man pulled out two small bags of a substance that resembled cocaine. The detective agreed to purchase the substance and handed the man money in exchange for a heat-sealed bag of cocaine.
The man left the bar and was shortly accosted by the police who were waiting for him. Police allege the man was carrying the marked currency from the undercover officer and another bag of cocaine. After administering a field test, the substance in the man's possession tested positive for cocaine while the bags that were sold to the agent did not test positive. Although five of the charges against the man were waived in court, he still faced charges for selling a non-controlled substance represented as a controlled substance, misdemeanor possession of a controlled substance, felony possession of cocaine with intent to distribute a controlled substance, and misdemeanor receipt in commerce of a controlled substance.
Drug charges are very serious. However, in cases in which a defendant is found to have been in possession of a substance that merely resembles an illegal drug, but is not actually the illicit substance, the defendant may be able to receive a lesser charge. Working with a criminal defense attorney may increase the likelihood that a defendant will receive the appropriate charge and sentencing in criminal court.
Source:Montgomeryville-Lansdale Patch, "Police: Lansdale Man Sold Fake Coke to Undercover Cop ", Tony Di Domizio, April 30, 2013