Accomplice in Bucks County Possession with Intent to Deliver/Distribute
Can you be convicted of delivery of a controlled substance in Bucks County, but never be seen by police touching/handling drugs? The answer is yes, it is possible to be convicted of 35 P.S. 780-113(a)(30), known as Possession with Intent to Deliver.
The theory falls under "accomplice liability". Although you may not be the principal actor, you can potentially be an accomplice if the prosecutor can prove that you intended to aid in the transfer of drugs based on the facts of the case.
In Commonwealth v. Murphy, a state trooper who was undercover, asked the defendant if he knew where the trooper could buy drugs. The defendant asked the trooper if he was a cop. The trooper lied and said "no". The defendant then signaled to another man who eventually exchanged drugs for money with the trooper. The Supreme Court of Pennsylvania delineated a two prong test to determine if a person is an accomplice of a principal actor.
As any Bucks County criminal lawyer will tell you about the test, first, there must be evidence of the defendant intending to aid or promote the underlying offense. Second, there must be evidence that the defendant actively participated in the crime by soliciting, aiding, or agreeing to aid the principal. These can be established by circumstantial evidence.
The Supreme Court of Pennsylvania ruled in Murphy that the evidence was sufficient for a jury to find that the defendant intended to aid in the transfer of drugs based on the evidence that the defendant called out to the other man, confirmed to him that the trooper was not a police officer, and requested compensation from the trooper for his efforts (the trooper refused to give his some of the drugs and instead gave him $5).