(Names changed to protect integrity of due process)
"Melody" was recently charged with Conspiracy to Deliver Heroin (WV Code 61-10-31(1)) and Delivery of Heroin (60A-4-401(a)). The charges stem from the following incident (names changed):
Melody's sister ("Amanda") and her friend ("Kayla") stopped by Melodie's house after having consumed heroin. Amanda told her about it, and she asked if they could get any more so she could have some. Kayla said she knows a girl that can get it, but she charges 1 bag (dose of heroin) for getting it. She said that's fine, and gave Kayla her money. Melody, Amanda and Kayla then got in Amanda's car (with Melody in the driver's seat), and they drove to the girl's house. There was no room in the car, so the girl told Kayla that she would call the drug dealer and arrange a meeting for her if Kayla would bring her back a bag. Kayla agreed, after explaining that the heroin would be purchased with money of which they had all three pitched in, and the girl called. The three went to pick up the heroin, then went back to the girl's house. Kayla handed the girl the bag of heroin, then the three returned to my Melody's house, where they consumed the rest.
Under the terms of the code, the charge of Delivery of Heroin is the unlawful sale, distribution, delivery, etc., of the drug. How does Melody fit into this category? Because she was driving the car that was used in the commission of the delivery?
I want to say I understand that she's being charged with Conspiracy to Deliver Heroin because the code simply states that it is "unlawful for two or more people to conspire in any act against the State", which she was present during the commission of a felony, but the code is so vague that obviously it leaves a lot for the imagination. Would that be why this charge was filed?
Any insight would be appreciated. Thanks!
"Melody" was recently charged with Conspiracy to Deliver Heroin (WV Code 61-10-31(1)) and Delivery of Heroin (60A-4-401(a)). The charges stem from the following incident (names changed):
Melody's sister ("Amanda") and her friend ("Kayla") stopped by Melodie's house after having consumed heroin. Amanda told her about it, and she asked if they could get any more so she could have some. Kayla said she knows a girl that can get it, but she charges 1 bag (dose of heroin) for getting it. She said that's fine, and gave Kayla her money. Melody, Amanda and Kayla then got in Amanda's car (with Melody in the driver's seat), and they drove to the girl's house. There was no room in the car, so the girl told Kayla that she would call the drug dealer and arrange a meeting for her if Kayla would bring her back a bag. Kayla agreed, after explaining that the heroin would be purchased with money of which they had all three pitched in, and the girl called. The three went to pick up the heroin, then went back to the girl's house. Kayla handed the girl the bag of heroin, then the three returned to my Melody's house, where they consumed the rest.
Under the terms of the code, the charge of Delivery of Heroin is the unlawful sale, distribution, delivery, etc., of the drug. How does Melody fit into this category? Because she was driving the car that was used in the commission of the delivery?
I want to say I understand that she's being charged with Conspiracy to Deliver Heroin because the code simply states that it is "unlawful for two or more people to conspire in any act against the State", which she was present during the commission of a felony, but the code is so vague that obviously it leaves a lot for the imagination. Would that be why this charge was filed?
Any insight would be appreciated. Thanks!