New York City Drug Manufacturing Cases
New York drug manufacturing cases can include drugs found in clubs such as ecstasy, synthetic marijuana, and things of that nature. Those types of drug cases are handled severely these days. Someone can have a small amount of a synthetic THC and can be facing many years in prison because it is a concentrated type of drug. It may be critical to contact a skilled drug manufacturing attorney about what penalties you may be facing based on the facts of your case.
Defining Manufacturing Roles
Growing drugs or packaging them are going to be part of a conspiracy. A person can be growing the drugs in a grow room somewhere in Brooklyn and another person could be packaging the drugs or selling them. It is all part of the same conspiracy and the person is held responsible for what everybody else does within that conspiracy.
All of the players in a conspiracy are held responsible. All the people who are a part of the distribution network, even if it is somebody that is just manufacturing the drugs and others are selling them on the street are held responsible. When everyone knows that they are a part of a conspiracy, they do not necessarily have to know what everybody else is doing to be held responsible for the actions of others.
Regulating Marijuana Usage
Even when synthetic THC is in a small amount, it could be treated as if the person is dealing with bales of marijuana. That type of drug is relatively newer and the laws are changing constantly about what is considered to be an illegal drug. Synthetic marijuana is the new area of prosecution within the federal system because it is much more concentrated.
Unless marijuana is in huge quantities, a person does not receive tremendously large penalties unless the distribution network spans a period of years. Even small amounts of synthetic marijuana or THC can result in someone facing the rest of their lives in prison. New York drug manufacturing cases often take the concentration level of the drug very seriously.
Federal vs. State Laws
With regard to marijuana, a person can be charged federally with a crime that is not illegal in New York. The laws are not identical in New York State and the federal system. People can be acquitted in the state and then charged federally. Often, the state and federal systems can be at odds and that gives an opportunity for the federal agents to convict someone they could not convict in the state.
War on Drugs
The war on drugs has been going on since the ’80s. There has not been much of a letup except in low-level marijuana cases. Anytime a person manufactures drugs and is not doing it for their own personal use. Law enforcement treats that seriously and pursues the maximum amount of charges and penalties.
Defenses in Drug Manufacturing Cases
In New York City drug manufacturing cases, a strong defense strategy can make the difference between conviction and acquittal, or substantially reduced charges. Experienced defense attorneys evaluate every angle of the prosecution’s case and raise defenses tailored to the specific facts and evidence.
Lack of Intent
One of the most powerful defenses is showing that the defendant did not know drugs were being manufactured or had no intent to participate in this criminal enterprise. Being present at a location where drugs are made or kept is not enough to be found guilty of this offense, as the prosecution must show you intended to take part in the crime. If you had no idea about the manufacture or sale of illegal drugs, you have a good defense even in cases where you were in close proximity to the drugs.
Illegal Search and Seizure
The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement conducted a warrantless search without valid consent, or if the warrant was defective, your attorney can file a motion to suppress the evidence. When key physical evidence is excluded, the prosecution’s case may collapse.
Entrapment
Entrapment is not a commonly-used defense strategy, but it might be available to you under limited circumstances. A person is entrapped when law enforcement pressures or forces a person to commit a crime they otherwise would not have committed. If law enforcement’s conduct went beyond providing an opportunity and actually pressured or persuaded you into involvement, this defense may apply.
Mistaken Identity
In some cases, defendants are wrongly accused of drug manufacturing. This might happen because of a mistaken identity or even result from false accusations. Your attorney might be able to show that someone else was ultimately responsible for this offense by proving that you could not have been involved.
Evidence in a Drug Manufacturing Case
In a drug manufacturing case, the prosecution must prove beyond a reasonable doubt that you were involved in committing this crime. To do that, prosecutors will need evidence that drugs were being manufactured and that you had a part in it. These cases usually hinge on the discovery and seizure of controlled substances; after all, proving that you manufactured drugs can be difficult without securing those narcotics.
The state might also attempt to prove their case with other evidence, including chemicals, lab equipment, and residue samples found at the alleged manufacturing site. Law enforcement may also rely on photographs, video footage, surveillance logs, and testimony from confidential informants or undercover officers to prove that you were involve in the plot.
Defense attorneys play a crucial role in challenging this evidence and fighting back against a conviction. While these charges can be overwhelming, it is important to remember you have the right to fight back. We will work tirelessly to put you in a position where avoiding a conviction is possible.
Talk to Our Firm About Your Drug Manufacturing Case in New York City
If you have been accused of manufacturing a controlled substance, now is the time to get a skilled criminal defense attorney on your case. Police and prosecutors might make you feel like fighting these charges is futile, but the reality is that avoiding a conviction is always a possible. Our drug lawyers can help you build a defense and way plea offers based on the strength of the case against you.
