Federal Drug Manufacturing Charges
It is a federal crime to manufacture controlled substances unless licensed by the proper regulatory body. The term manufacture is very broad, encompassing the growing of marijuana and other drugs or cultivating the growth of plants used in the subsequent manufacture of drugs, as well as making or processing drugs. Further, a person who controls the facility in which the controlled substances are manufactured may be charged. In many cases, a federal charge of manufacturing involves the cultivation of marijuana or the production of methamphetamine (meth), but it can apply to the growth or production of any controlled substance. A conviction for drug manufacturing under federal law carries with it a mandatory minimum sentence of five years.
In addition to the act of growing or producing a controlled substance, a person may be charged with drug manufacturing if he/she provides the elements necessary for another person to manufacture the drugs, including the chemicals necessary to make a drug such as methamphetamine. In order to get charged with manufacturing under these circumstances, the person must have known, or reasonably should have known, what the chemicals or other materials were going to be used to make. In addition, if a person is caught before he has had a chance to manufacture the drugs, but possesses the elements necessary to complete the task then he may be charged with manufacturing.
If a person is charged with drug manufacturing, he faces the following potential penalties:
- Prison time – the federal sentences established by the guidelines provide the framework for the prison term that a person might expect, but the general rule is that the more drugs involved, the longer the prison term. Although federal judges now have some discretion in sentencing individuals accused of drug crimes, the greater the quantity of drugs, the less likely the judge is to deviate from the guidelines. What’s more is that there are mandatory minimums in place depending on the quantity manufactured which means that even if the judge deviates from the upper end of the guidelines, he cannot go below the mandatory minimum, absent the filing of a 3553 motion, or if a defendant qualifies for safety-valve. In addition, there are exacerbating factors that may lead to longer prison sentences, including manufacturing drugs in close proximity to children;
- Fines – drug manufacturing cases involve heavy fines, which may be tens of thousands of dollars;
- A criminal record – being convicted of a drug manufacturing case will follow a person through the rest of his life, impacting employment opportunities, professional licensing, housing, custody of children, and even immigration issues.
A person may face federal drug manufacturing charges when there is a large amount of drugs involved, when the manufacturing process involves activities in two or more states, or when the activity is part of a major drug operation. There are times when manufacturing will be charged only as a state crime, but there are many different factors that go into whether or not the federal government will be involved in the investigation and criminal proceeding. When it is a federal charge, the prosecutor is going to be backed by extensive, sometimes seemingly endless, resources.
It is crucial to have attorneys who know how to fight under these circumstances, whom you will find at Greco Neyland, PC. One other thing that is important to consider is that under federal law, a person who has been convicted of a serious crime like drug manufacturing will be sentenced to a long prison term and will have to complete 85 to 90 percent of the sentence before release to a half-way house even becomes a possibility. Unlike state prison terms, parole is not available in federal court. Therefore, the right legal team is critical to getting the best possible results.
Greco Neyland, PC Advocates Aggressively for Its Clients
If you are being investigated for or have been charged with drug manufacturing, it is critical to retain the right attorney as soon as possible. The federal prosecutor, in conjunction with the law enforcement officers, are focused on getting a conviction, so they will use every trick in the book to get you to talk – do not say anything! At Greco Neyland, PC, we are ready to be at your side quickly, with offices in Manhattan to serve all five boroughs.
The zealous New York Criminal Defense Attorneys at Greco Neyland, PC are very familiar with the pressure tactics of the federal prosecutors and will do everything possible to fight each aspect of the charges, including the validity of the evidence and the legality of the methods used to gather it. Call us at (212) 951-1300 to schedule a free initial consultation and learn how we can help you today.