How To Beat Drug Manufacturing Charges
This article discusses how to beat drug manufacturing charges by differentiating between possession and manufacturing under state law – as well as what types of defenses may apply in this situation.
If you are facing drug manufacturing charges or any type of drug charges in Louisiana, it is important to know what you are up against. Drug manufacturing can be a felony charge that carries with it the potential for decades behind bars. If convicted, there will also be fines and mandatory minimum time served associated with the crime. A conviction could change your life forever so these 5 tips for beating a drug manufacturing charge could prove to be invaluable.
5 Ways To Beat a Drug Manufacturing Charge
Learn The Law
Louisiana Revised Statutes Section 40:961 defines drug manufacturing as the production, preparation, propagation, compounding, or processing of a controlled dangerous substance. In other words, the person who is accused of producing drugs must have physically handled them. This includes any steps taken to make illegal narcotics from raw ingredients.
Another key aspect of the drug manufacturing law in Louisiana is that it does not require proof that the defendant actually made or sold drugs to another person. It only requires proof that he was involved with making illegal narcotics, such as cocaine, methamphetamine, heroin, or ecstasy.
Understand What Drugs Are Considered Illegal
There are over 70 controlled dangerous substances that can lead to drug manufacturing charges, but some of these drugs carry harsher penalties than others. Drugs and drug charges are divided into schedules ranging from I (the most severely punished) through V (least severe), and depend on a substance’s risk of abuse. Generally, the lower in the schedule a substance is, the more severe penalties are associated with it. Methamphetamine is one example of a drug with a higher risk of abuse because the state has designated meth as a “Schedule II” substance under Louisiana law §40:967(c). This designation means there will be enhanced sentences for individuals who manufacture or distribute methamphetamine compared with Schedule III, IV, or V controlled substances.
- Schedule I Controlled Dangerous Substances:
The drugs that are in this category include heroin, LSD, and ecstasy. Defendants who manufacture or distribute these substances will face the highest penalties upon conviction. They range from five years to thirty years imprisonment if it’s proven that an individual was involved with manufacturing these types of drugs.
- Schedule II Controlled Dangerous Substances:
While Methamphetamine is one example of a drug with Schedule II designation, other examples include cocaine, opium, and heavily abuse prescription drugs such as Oxycodone and Fentanyl. This category carries penalties that range from one year imprisonment up to twenty years in prison if the prosecution successfully proves an individual was involved with manufacturing these types of drugs.
- Schedule III Controlled Dangerous Substances:
The least severe controlled dangerous substances that can lead to drug manufacturing charges are in this category because they carry a maximum sentence of five years imprisonment if convicted. Schedule III substances include codeine, ketamine, anabolic steroids and certain types of painkillers. The state recognizes the abuse potential for these substances, but not to the extent of Schedule I or II narcotics.
- Schedule IV Controlled Dangerous Substances
The drugs in this category include Xanax, Valium and Ambien. The penalties for manufacturing or distributing these substances range from one year imprisonment up to five years if an individual is convicted of the crime.
- Schedule V Controlled Dangerous Substances
An example of a Schedule V controlled dangerous substance is Robitussin AC, which has limited abuse potential but can be used in the manufacturing process for other drugs that are more severely punished under Louisiana law.
Know Your Rights And How To Exercise Them
Even when charged with a crime, you are still afforded certain rights which can help you successfully defend any drug manufacturing charges. If law enforcement has searched your home or business, it is important that you understand the difference between a “warrantless search” and a “consented search.” If law enforcement does not have a signed warrant from a judge, they are required to prove that there was either implied consent by you to carry out an investigation or exigent circumstances. Exigent circumstances can include but are not limited to: the destruction of evidence in a drug manufacturing case, which can include getting rid of chemicals used to make drugs. If law enforcement is asking you questions about your involvement with making or selling illegal narcotics while searching your property without consent or a warrant, you must exercise every right possible and avoid answering any questions.
Under Louisiana law, defendants are entitled to a preliminary hearing if they want one. The purpose of the initial court date is for an individual to be informed of their rights and what evidence will be used against them in a trial before he or she makes any decision about pleading guilty or not guilty. If a defendant pleads guilty to drug manufacturing charges, the judge will inform them of how long their sentence may be if they are convicted. The court date is also where defendants can attempt to make sure that any evidence against him or her was obtained legally and by law enforcement officers who acted lawfully during an investigation.
Find A Lawyer Who Is Knowledgeable In This Area Of Law
The best way to successfully fight drug manufacturing charges is by hiring a good defense attorney who can help you understand your rights and use them in court. You need an experienced legal professional with knowledge of Louisiana law because the penalties for this crime are serious, even if it’s just one instance or a small amount of drugs involved. A conviction could lead to a long prison sentence and a steep fine.
The time between arrest and trial can be lengthy. However, defendants charged with the manufacturing of illegal drugs should contact their attorney immediately to begin building an effective defense against drug manufacturing charges in Louisiana. Lawyers can use this time before trial begins to gather evidence that might help prove their client’s innocence or reduce sentencing if they are found guilty at trial. The right legal team for this type of case includes someone who has connections with the prosecutor’s office and a good relationship with law enforcement. A skilled defense attorney might be able to get a drug manufacturing charge reduced by showing evidence that it was an isolated incident or a one-time mistake.
A Louisiana defense attorney has many different ways of approaching drug manufacturing charges. The attorney may use the ‘necessity defense’ or try to prove that evidence was obtained illegally in order to get the case dismissed. If law enforcement made an illegal search of your property, drugs found can be excluded from trial as evidence against you if they were discovered during an unlawful investigation.
Get An Attorney’s Advice Before Talking To Anyone About Your Case
Consult an attorney before speaking to anyone, including family members or friends! Even if you think that they are on your side, it is possible for them to say something in the heat of the moment which may damage your case. Your lawyer can help protect your rights and give you advice about how best to avoid self-incrimination or incriminating others involved with drug manufacturing charges. It’s the best thing you can do for your future because your criminal record will not go away on its own!
The best way to avoid self-incrimination is to not answer questions from law enforcement officials who are investigating a possible drug manufacturing case. You have the right to remain silent and should exercise that right as much as possible if you do not want your words or actions used against you in court at trial.
Final Advice On How To Beat Drug Manufacturing Charges
If you are facing drug manufacturing charges in Louisiana, it is important that you understand the law and what you are being charged with. Exercise your Fifth Amendment right and remain silent. The best way to avoid self-incrimination is by not answering questions from law enforcement officials who may be investigating a case against you and having an experienced legal professional on your side for any preliminary hearing or trial proceedings. A criminal defense attorney can make all the difference when it comes to fighting drug manufacturing charges and avoiding serious consequences such as years in prison or thousands of dollars in fines.
Louisiana has some tough laws for this type of crime and defendants should never attempt to represent themselves against felony narcotics manufacturing charges alone. Drug manufacturing charges are very serious and can result in long prison sentences or steep fines. Having a skilled defense attorney on your side is the best way to ensure that you receive fair treatment from police, prosecutors and judges throughout the criminal justice process such as during preliminary hearings, trial proceedings and sentencing if convicted at trial.
A professional Louisiana legal team will be able to advise you of your rights and help protect them. Barkemeyer Law Firm is a law firm with multiple locations in Louisiana. We are very well known as top drug charge attorneys in the state and can aggressively represent you and help you with your charges. Reach out to us today and find the best defense attorney for this type of crime. We can advise you on how to beat drug manufacturing charges while protecting your rights under the law.