Phoenix Manufacturing Dangerous Drugs

What Is a Dangerous Drug?

Dangerous drugs are drugs that are not considered narcotics or marijuana.

Common types of manufactured dangerous drugs include:

• Methamphetamine
• Speed
• Xanax
• Valium
• Ecstasy
• PCP
• LSD
• Adderall

It is illegal to possess any of these drugs without a prescription from a doctor. If a person does so, they could face the consequences of the law.

State Law Also Prohibits Dangerous Drug Manufacturing

Per state law, a person should never knowingly:

• Possess a dangerous drug
• Possess a dangerous drug for sale
• Possess equipment or chemicals to manufacture a dangerous drug
• Manufacture a dangerous drug
• Administer a dangerous drug to someone else
• Transport a dangerous drug or take it across state lines

If a person commits (or law enforcement suspects they committed) one of these actions, they could receive manufacturing of dangerous drug charges. There are harsh penalties they could face if found guilty and convicted of these crimes.

Penalties for Manufacturing Dangerous Drugs

The penalties for manufacturing dangerous drugs vary based on the type of crime the accused party committed. For example, someone who possesses a dangerous drug isn’t likely to face the same level of penalties as someone who manufactures and distributes the dangerous drug.

To determine the penalties, look at the classification of each crime.

The classifications regarding dangerous drug crimes include:

• Class 2 Felony: Manufacturing a dangerous drug that is methamphetamine, manufacturing a dangerous drug that is not methamphetamine, or possessing equipment or chemicals to manufacture methamphetamine.
• Class 3 Felony: Possession of equipment or chemicals to manufacture a dangerous drug that is not methamphetamine.

After a guilty plea or verdict:

• Someone who manufactures a dangerous drug that is not methamphetamine could face three to 12 years in prison or probation.
• Someone who possesses the equipment to manufacture a dangerous drug that is not methamphetamine could face probation or two to nine years in prison.
• Someone who manufactures methamphetamine could face five to 15 years in prison.
• Someone who possesses equipment or chemicals to manufacture methamphetamine could face five to 15 years in prison.

When the manufacturing charge involves methamphetamine, the accused party is not offered probation in many cases. The punishments are often harsher when someone manufactures meth because of the inherent danger of the drug.

A Criminal Defense Attorney Can Fight the Charges?

After getting arrested for manufacturing dangerous drugs, it’s important to seek legal help. The legal system has many barriers that an attorney can help accused parties navigate through. Without an attorney, the accused party could hit several roadblocks and ultimately be convicted of the crime. With an attorney’s guidance, they may have a better chance of getting their charges lowered or dismissed altogether.

An Attorney Can Help the Accused Understand the Charges and Punishments

A drug manufacturing charge is not a minor charge, and the accused person could pay heavy fines and could go to prison for many years. It’s important for anyone in this situation to understand the level of charges they’re facing.

An attorney can provide detailed information about their charges and the potential outcomes. They can also provide valuable support by keeping the accused party updated on their case and explaining all their legal options.

An Attorney Can Build a Convincing Defense

By hiring an attorney, the accused party likely has a better chance of defending themselves against their drug manufacturing charges. Criminal defense attorneys specialize in developing solid defensive strategies and poking holes in the prosecution’s case.

Having a good defensive strategy could convince the prosecution to offer a more appealing plea deal. If the accused party doesn’t accept the plea, the attorney can represent them in court. A criminal defense attorney presents their client’s defense to the judge and jury to prove why their client should not be convicted of the charges.

An Attorney Can Negotiate a Fair Plea Deal

Depending on the prosecution’s evidence against the defendant, it might be in the client’s best interests to accept a plea deal. However, before they accept the deal, a criminal defense attorney can negotiate with the opposing counsel to come to a fair agreement about the terms of the plea.

Once there is an agreed-upon plea deal, the attorney can advise their client if they should take it. With legal knowledge on their side, the accused party can make a more informed decision about what is best for them.

Potential Defenses for Manufacturing Dangerous Drugs Charges

When a criminal defense attorney takes on a case, they often develop defense strategies based on defenses that have worked before. Then, after determining the strategy they will use, they customize their approach to fit the evidence and circumstances of the case.

With someone experienced who understands the law and knows what works fighting for them, the defendant may have a better chance of winning their case.

Potential defenses for manufacturing dangerous drugs charges could include:

• The police conducted an unlawful search and seizure
• The drugs don’t belong to the person that law enforcement accused
• Testing confirmed that the substances weren’t actually dangerous drugs
• Law enforcement induced the crime through entrapment
• An eyewitness identified the wrong person
• Proving the accused is not guilty beyond a reasonable doubt

Attorneys work closely with their clients to develop a strategy that will give them the best chance at beating their charges.

Unlawful Search and Seizure

The Fourth Amendment of the United States Constitution protects people from unreasonable searches and seizures by government officials. Police must have probable cause to search someone’s car or home. They must have probable cause that someone possesses illegal contraband and that a search could provide evidence. Without probable cause, any search or seizure conducted is illegal.

A criminal defense attorney can file a motion to suppress when law enforcement tries to use any evidence that was illegally obtained. A motion to suppress can protect the accused party from illegal searches if the attorney is successful in their motion, because the prosecution cannot use the evidence in the trial. Without the evidence, the accused party is more likely to beat their charges.

A criminal defense attorney can investigate their client’s arrest to determine whether law enforcement legally collected the evidence.

The Drugs or Equipment Don’t Belong to the Accused

If the defendant faces drug manufacturing charges because of equipment to make drugs or drugs they were in possession of, an attorney can argue that it wasn’t theirs.

The prosecution must prove that the defendant had control of or access to the drugs. For instance, if the drugs were found in a house the defendant shared with roommates, the defense team could indicate the drugs or equipment belonged to someone else living in the home.

Without proof the defendant was the one who possessed the drugs or equipment, they may beat their charges. Putting reasonable doubt in the jurors’ minds that the defendant did not know about or own the drugs or equipment in question could also lead to a “not guilty” verdict.

The Substances Weren’t Dangerous Drugs

In some cases, the substances that law enforcement finds on the scene aren’t actually dangerous drugs. If law enforcement collects a white powder and assumes it’s cocaine or another drug, they could make an arrest. When a criminal defense attorney investigates further, they may order the crime lab to do additional testing. These findings could determine that the substance was not a dangerous drug.

By providing crime lab results and other documentation that shows the drug in question was not a dangerous drug, the defendant could beat the charges. If the initial testing confirms the drug was a dangerous drug, an attorney could also investigate the analysis report for any errors.

Entrapment

Law enforcement officers sometimes conduct legal sting operations. However, in some cases, they may do things that the law considers entrapment. For example, if a law enforcement officer is undercover, they might befriend a suspected dangerous drug manufacturer. If they pressure or force the suspect to manufacture the drugs by making threats, the law considers that entrapment.

A criminal defense attorney could collect evidence, such as text messages or recordings, to make a case for entrapment. If the courts see that law enforcement forced the defendant into manufacturing dangerous drugs, they could find them not guilty.

An Eyewitness Identified the Wrong Person

When law enforcement builds a case, they often take testimony from eyewitnesses. If an eyewitness identified the defendant as the person they saw selling or making dangerous drugs, the defense could build a case stating it was a mistaken identity. Challenging what the eyewitness saw could have significant benefits for the defendant.

To further prove this is a case of mistaken identity, the defense could show the defendant was somewhere else at the time of the crime. Attorneys often accomplish this by providing an alibi for the client, which confirms they couldn’t have committed the crime. Evidence for the alibi may include receipts, video surveillance footage, or photographs.

With this evidence, the prosecution will likely have a hard time proving the eyewitness statements are accurate.

Proving the Accused Is Not Guilty Beyond a Reasonable Doubt

A tactic that many criminal defense attorneys use in drug manufacturing cases is putting reasonable doubt in the minds of the jurors.

An experienced attorney can do this in many ways, such as:

• The law states the accused party must have knowingly committed the crime. However, a criminal defense attorney can state their client did not know about the crime. The prosecution must provide evidence to the contrary, proving that the defendant knew about the crime. If they cannot, the defense can argue reasonable doubt.
• The law states the accused party must possess the dangerous drug. If the drug was not actually in the accused party’s possession at the time of the arrest, the defense could argue that they never possessed it. If other people had access to the area where law enforcement found the drug, defense attorneys could also argue the drugs were someone else’s.

Again, to convict someone of a crime, the prosecution must prove that person is guilty beyond a reasonable doubt. If the defense pokes holes in the prosecution’s case, the jury will have no choice but to make a “not guilty” verdict.

Let an Attorney to Defend Your Freedom

Getting charged with manufacturing dangerous drugs in Phoenix can cause a tremendous amount of stress. Let a criminal defense attorney, especially one who specializes in drug charges, handle your case so you can receive the support and legal guidance you need during this time.

Law firms help many people successfully avoid dangerous drug charges and the legal ramifications that come with them. During a free consultation, an attorney can review the specifics of your case and give you more information about your legal options.

If you need an attorney to come to the police station to represent you during interrogations, contact one immediately. You do not have to go through police questioning alone. A Phoenix criminal defense attorney can defend your constitutional rights after an arrest for manufacturing dangerous drugs and represent you through every step of your case.