Can a controlled buy be challenged?

In some drug cases, evidence provided through a controlled buy process result in charges. Controlled buys orchestrated by law enforcement exist in order to make an arrest on drug charges, using an informant to obtain proof of unlawful possession or distribution of illegal substances.

The circumstances of these cases often become complicated, but involvement in a controlled buy, willing or not, can call for a legal investigation on behalf of the participants.

Understanding controlled buy procedures

Generally, a controlled buy employs a confidential informant, either a law enforcement professional or a person previously arrested on drug charges, to arrange an unlawful drug transaction that is closely surveilled either by a recording device or other monitoring system. The undercover buyer completes the transaction and reports back to law enforcement, who then seek prosecution against the dealer.

Challenging controlled buy cases

Whether someone is unwittingly involved in a controlled buy as a suspect or recruited to participate following an arrest for a drug charge, it is important to understand the implications of the circumstances. When willing participants agree to get involved in a monitored transaction, it may be with the understanding that alleviated charges or a reduction in punishments as an exchange offered in return. However, this is not always the case.

Because of the nature of controlled buys, there are several reasons to question the validity or circumstances of the transaction. A proper defense arrangement can investigate the facts of the case and help those charged obtain a reasonable legal outcome.