Being arrested in relation to the offense of drug manufacturing is something not to be taken lightly. It is considered to be a serious crime, and for that reason, the penalties for it are extensive. Getting an attorney who has plenty of experience in drug manufacturing cases is the most important thing you can do toward defending against the charges against you.
Under California Health and Safety Code section 11379.6 HS it is unlawful to manufacture a controlled substance.
Under this code, manufacturing, producing, processing, or preparing a controlled substance is illegal. This would include the chemical synthesis or extraction of certain compounds. In order for the prosecution to have a successful case they must show that the defendant had engaged in the process of manufacturing AND that the defendant knew the product being manufactured was a controlled substance.
The United States Controlled Substances Act outlines the full list of narcotics and schedule I through IV drugs that are considered to be controlled substances. They include cocaine, heroin, ecstasy, marijuana, LSD, methamphetamines, and more.
For a drug manufacturing charge to be pursued it is only required that the prosecution show the defendant knew the substance in question was a controlled substance—it doesn’t matter if the defendant knew which controlled substance it was, just that it was considered illegal.
Additionally, the full manufacturing process doesn’t need to have taken place. Participating in any portion of the manufacture is enough to make an arrest, whether that be in the beginning, middle, or end of the full manufacturing process.
If the substance that was manufactured by the defendant was not a controlled substance but was known to be eventually used in the manufacture of a controlled substance, California Health and Safety Code section 11379.6 HS could still be used to make an arrest because it is still considered to be participating in the eventual manufacture of the controlled substance.
Most likely, a drug manufacturing case will be charged as a felony because anything related to perpetuating the spread of drugs is considered to be a very serious crime, more serious than simply being in possession of a controlled substance for personal use. A felony brings with it much longer jail terms and higher fines.
An attorney who is familiar with these cases will know the best way to minimize the punishment and might be able to work out a better deal involving drug rehabilitation in lieu of a longer jail sentence.
Under California Health and Safety Code section 11379.6 HS someone who is found guilty of drug manufacturing could be subject to jail time of 3-7 years, fines totaling upwards of $50,000, as well as ongoing parole, probation and random drug testing.
Persons who have been involved with substantially larger amounts of controlled substances will be subject to even harsher penalties on top of these.
It is very likely that being found guilty of a drug manufacturing offense will have an impact on a person’s immigrant status. Non-citizens who are involved in such crimes could possibly be deported or have their pending applications dismissed. For example, someone who might be applying for residency in the United States on the grounds of hardship could see their application put into jeopardy as they would be unable to use this avenue after a drug manufacturing conviction.
Therefore, it is important to make sure that a legal representative who knows the laws extremely well is there to advocate on your behalf.
When you are arrested for a drug manufacturing offense, it is NOT a foregone conclusion that you will be found guilty of the crime. In fact, there are several ways that these types of charges can be defended depending on the facts of your case. A lawyer who has handled many of these cases should immediately begin to determine whether your specific circumstances will allow for one of these defenses.
Common defenses used to defend against drug manufacturing cases include proving that an unlawful search had taken place and entrapment. If much of the evidence that was collected was circumstantial, a skilled lawyer might be able to show in court that there are any number of reasonable conclusions to be drawn from the information gathered that do not involve drug manufacturing. Other defenses specific to this crime may include:
If any of these are viable for your case it may lead to the charges being thrown out altogether.
With cases involving Under California Health and Safety Code section 11379.6 HS being so serious (with penalties might include a felony conviction, deportation, and serious jail time) having the right lawyer is a crucial part of ensuring you’ve got the best defense.
Drug manufacturing cases can be extremely complex, and you want someone who knows how to mount the best defense. Los Angeles Criminal Defense Attorneys Daniel Perlman and Matthew Cohen are highly experienced in cases that involve the manufacture of controlled substances and have helped numerous clients obtain the best outcomes.
Call our offices today at (310) 557-1700 and we will connect you with our experienced and knowledgeable team of attorneys today.
