White Plains Drug Manufacturing Lawyer
The United States government has an entire agency devoted to the objective of eliminating the drug industry by obtaining convictions for drug manufacturing and other drug offenses. Federal agents have a vast amount of experience and expertise in employing high pressure tactics to extract confessions that can deprive defendants of their liberty for decades. If you are convicted for drug manufacturing in the federal courts of New York, the judge is required to adhere to the United States Sentencing Guidelines (U.S.S.G.), which imposes severe penalties that include long maximum prison terms and mandatory minimums. When you are convicted in a federal court in New York, you are compelled to serve 85-90 percent of your sentence without the possibility of parole, as parole does not exist in Federal Court.
At Greco Neyland, PC, our law firm focuses a large percentage of our practice on fighting for people charged with federal drug crimes. Our law offices are conveniently located near the Southern District Federal Courthouse and the Eastern District Federal Courthouse. Our dedication to justice for our clients means that we are prepared to aggressively fight drug manufacturing charges. This commitment to defending casualties of the war on drugs has generated proven results for our clients. Whether we are challenging a search, a Miranda violation, or the credibility of a confidential informant/source, we leave no stone unturned when laying siege to the Assistant United States Attorney’s case.
Drug Manufacturing Includes a Broad Range of Activities
If you have watched television or gone to the movies recently, you may think of drug manufacturing as “cooking meth” or otherwise creating the drug, as it is depicted in many of these shows. However, the types of conduct that constitute manufacturing of drugs include a much broader range of activities that often are far removed from the actual manufacturing process. While making methamphetamine in a lab or mixing the chemicals to make LSD constitute manufacturing, you can be charged with manufacturing drugs even when you have not mixed or processed any chemicals. Examples of other types of conduct that might expose you to drug manufacturing charges include:
- Cultivation: If you grow marijuana plants or other plants containing active ingredients that can be used in the drug manufacturing process, this activity is considered drug manufacturing.
- Possession: Even if you are never involved in any production of narcotics, you can be charged with manufacturing based on possession of manufacturing tools or equipment, chemical substances, or other devices used for manufacturing drugs.
- Distribution of Components: If you supply materials, chemicals, or components that you have reasonable cause to know will be used for the manufacturing of drugs, this is a sufficient basis to charge you with manufacturing.
Because of the broad scope of activities that can be charged as manufacturing, defendants often face these charges in Federal Court despite a relatively tenuous connection or insignificant role in a drug manufacturing operation.
Federal Penalties for Drug Manufacturing
The Federal Sentencing Guidelines constrain the ability of judges to deviate from specified sentencing ranges based on the amount of the substance, prior convictions, and other relevant sentencing factors. If you are convicted of manufacturing a Schedule I or Schedule II drug like marijuana, LSD, or methamphetamine, you can face 5, 10, or 20 year mandatory minimums, depending on the quantities of the drug involved in your case, as well as some other considerations.
Although federal judges are supposed to have discretion to deviate from the Federal Sentencing Guidelines, they almost never do so because such a deviation generally will be overturned on appeal. The judge will sentence a person within the suggested range based on the quantity of the drug, but the sentence will be adjusted up or down within the range based on other specified aggravating or mitigating factors. The difference in consequences between state and federal sentencing for drug manufacturing offenses is most apparent with regard to marijuana. While many states now permit medicinal use of marijuana and a few states permit recreational use, cannabis is treated as a Schedule I drug under federal law. If you are convicted of cultivating less than fifty plants of marijuana in Federal Court, you face a mandatory minimum of five years in prison. A conviction for growing 1,000 plants could result in a life sentence. Sentencing in federal drug cases can be complicated because the Federal Sentencing Guidelines are filled with exceptions, so you should obtain prompt legal advice to determine your potential exposure to prison time.
Zealous Advocates for Defendants Charged with Drug Manufacturing
If you are a target or a suspect in a federal investigation into drug manufacturing, you have the full force of federal law enforcement agencies working with the United States Attorney’s Office to deprive you of your liberty. Our experienced federal criminal defense attorneys are ready to protect your rights and dismantle the case against you. For your convenience, our offices are located close to the Southern District Federal Courthouse and the Eastern District Federal Courthouse. Please call us today at (914) 509-083, or click here, to schedule your free consultation, so we can start fighting to protect your freedom.
75 S. Broadway Suite 477
White Plains, NY 10601
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