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NYC Drug Cultivation and Manufacture Lawyers

Drug cultivation and manufacture charges can range from simple misdemeanors to huge federal felonies. Regardless of the severity of the charge, you need a competent and forceful criminal defense attorney. We can help with all types of drug cultivation and manufacture cases.

Manufacturing drugs, or growing marijuana is a huge felony. If you’re involved in such an operation in any way, you are facing years of prison, and forfeiture of assets. You need a criminal attorney who understands how to handle these cases. We accept clients all over the state of New York, for these types of cases. Many state and federal agencies conduct stings in New York, to demolish meth labs and marijuana growing houses. These stings are typically done because of surveillance or tips from citizens.

One of the first things our nyc criminal attorneys do, is understand what triggered the investigation – and how the raid/arrest was done. If there’s no probable cause for a search warrant, or if your rights weren’t read – it may help improve your case. If the police found drugs, and were relying on chemicals and equipment as evidence of drug manufacturing – then it can be used against the police and the prosecutor.

What to do if you’re arrested

If you’re arrested, you should excercise your right to remain silent. Anything said can be used against you. For example, if you start answering questions – and then stop, that can be used as an admission of guilt. The 5th amendment is something you need to use, as a way to protect yourself from self incriminating confessions. The statement you make to an officer can be used as evidence of guilt, and go in support of a prosecutor’s case. Any suspicious silence, or stubborn answers – can also be used against you. That’s why it’s better to stay silent.

What is a drug manufacturing charge

Criminal drug manufacturing takes place when an individual is part of any phase of an illegal drug production ring. If you sell chemical ingredients, equipment, or otherwise help – you can be charged. Production of illegal drugs is treated as a felony, and sentences typically include jail time, fines, probation, and more. Sentences can be even tougher – for this convicted of doing so near schools, playgrounds, or other drug-free zones.

In order to be convicted – prosecutors have to be prove both possession, and intent to manufacture. Intent is difficult, because it requires that the prosecution enter the head of the accused – and show it to the court. The prosecutor has to find circumstancial evidence, like text messages, etc, that show what the person accused was thinking. In many cases, intent is established based on comments made by the accused. That’s why it’s important to stay quiet. Our attorneys will move to demonstrate there was no intent, by showing your good character and establishing the fact you weren’t looking to make it.

Intent can be proven by the prosecution in other ways. For example, if you have pseudoephedrine at your home, it may be used against you. The finding along isn’t enough to prosecute for manufacturing – but it can be part of the attorneys overall case. If the police find equipment commonly used to make meth, then the finding could result in an arrest. In addition, possession of “marijuana seeds,” isn’t enough to indicate intent to cultivate – but if officers find lamps, etc, it could lead to an arrest.

New Yorker’s often believe that manufacturing marijuana isn’t a serious crime. While possession of small amounts has been decriminalized, – you are at risk of serious prosecution if you grow it. It’s not advisable to grow your own marijuana in the state of New York at all. The state is well known for having the toughest laws in the nation. The worst offenders can face 20 years in prison.

Based on the facts of the case, and the way evidence was collected – our attorneys can try to have the case dismissed. If there are mistakes in the investigation, mishandling of the case, etc, it can be used to help your chances of getting the case dismissed. Many prosecutors rely on evidence gathered during the investigation. Mistakes by the police will result in dismissal of the evidence – and thus your case.

Under state and federal laws, the manufacturing or cultivating of drugs is illegal. Examples of illicit drugs that are not legal to manufacture or cultivate include marijuana and methamphetamine. With that being said, some states allow the private manufacturing of marijuana. This depends on whether or not a given state has legalized marijuana for recreational or medical use.

To fully understand what drug manufacturing and cultivation means, it is important to specifically define each term separately. First, drug manufacturing refers to an individual being involved in any part of drug production. This even extends to ingredient sales. For example, if you have sold chemicals or ingredients that could create drugs or equipment that is specialized for drug production, this may mean that you could be charged with a crime. Even if you offer to help someone to produce drugs in a minor way, you can be charged with a drug manufacturing crime.

In most scenarios, the manufacturing of drugs as a charge is looked at as a felony. If you are charged with a drug manufacturing felony, you may be sentenced to time in prison, you may go on probation, or you may need to pay large fines. If someone manufacturers illegal drugs close to playgrounds or schools, it is not uncommon for prison sentences as well as steep initial fines to be doubled.

Understand drug manufacturing

In order to prove that someone has manufactured illicit drugs, it is important that prosecutors prove both intent to produce drugs and possession of drug producing chemicals or equipment. This can be difficult in some cases.

For example, some chemicals and products that are used to create illicit drugs are not illegal in and of themselves. Pseudoephedrine used to be a cold medicine that was quite legal, for example. Today, pseudoephedrine is banned because it is often used to make methamphetamine. But if the prosecution were to bring the fact that someone possessed pseudoephedrine to court in order to say that they had the intent of producing illegal drugs, this may not be enough to charge that person with a felony because pseudoephedrine has also been used as a legitimate cold medication.

With that being said, if additional products or equipment were found in the same place as pseudoephedrine, this may be able to help prosecutors establish the necessary probable cause, and in turn, this could result in an arrest of the individual. Another good example is marijuana seeds. If someone possesses marijuana seeds, this does not necessarily mean that they intend to cultivate marijuana. But if additional equipment such as growing lights for indoor use were found along with the marijuana seeds, probable cause may be established, and this may result in an arrest.

Again, there are several pieces of equipment or chemicals that may be used in the drug production process that are also used in legal practices. For this reason, it is important that individuals who own these items legally have authorizations or permits. For example, pharmacists are legally allowed to have access to a large selection of products that could otherwise be used to create illegal drugs.

Understanding drug cultivation

When we talk about drug cultivation, we are generally referring to the cultivation of marijuana. And things get dicey when discussing the cultivation of marijuana because state laws are different than federal laws in many regions. Marijuana is basically the only exception to this.

In other words, according to the federal government, the cultivation of marijuana is basically the same as the cultivation or manufacture of any other schedule 1 drugs. This refers to how the federal government would treat a case in respect to charges brought against an individual and possible sentencing.

But many states have laws that make the cultivation of marijuana legal. For example, the states of Washington and Colorado have legalized marijuana for recreational use, and several other states have legalized marijuana for medical use. But there are unique laws in all of these states as well. Patients cannot cultivate their own marijuana plants in Connecticut, for example, and patients in Hawaii can only grow as many as seven marijuana plants.

If individuals have questions about drug manufacturing or cultivation, it is important that they understand the particular laws in their respective states. Talking to a lawyer may be useful in reviewing these.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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