Clients keep contacting us because they are being investigated on suspicion of acquiring illegal drugs after their contact details have been found in the chat history of a person suspected of drug trafficking.
In the following legal tip you will find out:
- How such a preliminary investigation can come about
- How likely is a conviction
- Which factors play a role
- How narcotics offenses are punished
- What to do if you are under investigation
- What a lawyer can do for you
How does the preliminary investigation come about?
Suppose the police are investigating someone on suspicion of drug trafficking and one morning they ring the doorbell with a search warrant. The officers found large quantities of marijuana in the apartment, as well as scales, grinders, packaging bags and other accessories that suggest drug trafficking. All evidence, including the suspect’s laptop and cell phone, is confiscated. At the station, the officers decrypt the cell phone’s access code and search through the address lists and chat histories, where they come across your number and find the following dialog:
“Hi, would you have time for me again today?”
“How much time?”
“10 minutes would be great.”
“Ok, you can come over from 6pm.”
From this, the officials conclude with razor-sharpness that “time” means marijuana, and a short time later you (and several others whose numbers appear in similar-sounding chat histories) surprisingly receive a complaint on suspicion of a violation of the Narcotics Act.
Can I be sentenced on the basis of such a WhatsApp chat?
The evidential value of a single such chat is extremely low, as firstly nobody can rule out that by “time” you did not actually mean “time” and, secondly, there is no evidence that the scheduled meeting actually took place. So these four lines alone will not get you to jail. What matters is how much more the police can bring against you.
Which factors can still play a negative role?
It gets harder the more material the police have found that your name is attached to. One or two chat histories like the one described above may not be very meaningful, but if similar-sounding messages keep popping up over a long period of time, you will find it difficult to explain.
Furthermore, how the cell phone owner and suspected drug dealer behaves when confronted with the chats plays a decisive role. If he is silent, your chances are better than if he frankly states that he has been selling you drugs on a regular basis.
In the latter case, the officers may also be able to search your house. Whether you find incriminating material there or not is also of decisive importance to you. But even then all is not lost; Rather, it now depends on whether you come into contact with the investigating authorities for the first time in this matter, or whether you are already known from previous investigations. In addition, what they find on you may matter and, if indeed illegal substances are found in your possession, how much of them.
How are violations of the Narcotics Act punished?
In principle, fines or imprisonment of up to 5 years are provided for violations of the BtMG. The determined severity of the guilt is decisive for the amount of the sentence. If you previously had a clean slate and the evidence against you is thin, the proceedings can also be dropped. On the other hand, if you are well-known, have been shown to be a large-scale drug dealer, and are happy to carry a weapon with you, you can face several years in prison.
What should I do if I am being investigated for violating the BtMG?
If you receive a complaint on suspicion of a violation of the BtMG, nobody will tell you what is actually being held against you, and whether it is just a straw like the chat history mentioned above, or more.
Now, if you make the mistake of going to a hearing and trying to talk your way out of it, the chances are you are digging your own grave because you are unwittingly giving officers information they would not otherwise have had.
Instead, you should not attend a hearing, exercise your right to remain silent and contact a specialist lawyer specializing in criminal law.
What can a lawyer do for me?
A lawyer can request access to the investigation file. That means he can check what is actually going on against you and whether it is just a chat history or more.
Once this is clarified, an effective defense strategy can be developed,
and in the best case, the termination of the proceedings can be obtained.
It is crucial that you keep your nerve, make no statements and immediately contact a lawyer.
Dr. Brauer Rechtsanwälte specialize in criminal law and work nationwide.
Simply contact us by email, phone or using the contact form and describe your situation to us as part of a non-binding initial consultation.
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