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. As a law firm founded by 2 former Prosecutors, we understand how to handle these 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 equiptment 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.
Contact our Long Island / NYC Drug manufacturing and cultivation attorneys today.