Washington Criminal Drug laws | A Criminal Defense Attorney | Lawyer’s Perspective on Intent to Manufacture a Controlled Substance.
As criminal defense attorneys | lawyers, we know manufacturing of a controlled substance cases must be fought with bulldog like perseverance and commitment. As Washington and Federal law prosecuting attorneys and legislature view taking out the source of drugs as the best way to win the “war on drugs”, the laws and penalties surrounding this area of law are designed to be heavy handed. Depending on quantity and distribution, these are the kinds of cases where we see Washington State court charges go to Federal court. If you are going to get into the high risk, high reward business of manufacturing illegal drugs, narcotics or controlled substance, factor in the cost of criminal defense lawyers | attorneys up front so you have the benefit of counsel before you are subject to a criminal investigation, or administrative investigation, or conviction on a state or federal level.
If you are manufacturing to use your own product, watch it. If you have been accidentally pulled into a manufacturing case because of addiction, assuming we do not have a viable motion to dismiss or a case suited for trial, we can sometimes “back step” these cases into solutions involving alternative sanctions like DOSA sentences and other reductions but it takes a lot of work and commitment from our office as well as our clients. These are the kind of lengthy discussions best had in our office.
The penalties associated with a violation of the manufacturing statutes varies with the drug that is alleged to have been manufactured. Punishments on drugs, like molly, MDMA, ecstasy, LSD, psychedelic mushrooms vs. other controlled substances | narcotics vary on the facts and circumstances of the case and how your lawyer chooses to present them but in general, the guidelines increase the punishment depending on the perceived danger of the conduct. What this will exactly look like is best suited for a lengthy conversation in our office as the answer is highly fact dependent. Also keep in mind these are the cases that the government likes to build civil seizure | forfeiture cases on so our experience with administrative law and litigation is handy.
What is Manufacturing an Illegal Drug | Narcotics | Controlled | Substance?
In our opinion, as practicing criminal defense lawyers | attorneys in Washington, manufacturing charges are driven by the Washington definitions statute which includes the direct or indirect production, preparation, propagation, compounding, conversion, or processing of any controlled substance either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. Manufacturing also includes the packaging or repackaging of any controlled substance or labeling or relabeling of the controlled substance’s container.
A charge filed under this statute requires the individual possess more than a trace amount. The case law forbids the inference of intent to deliver or manufacture a controlled substance based on the mere possession of a controlled substance absent other facts and circumstances. At some point, the quantity of illegal drugs, narcotics or controlled substances or the circumstances surrounding their possession could be large enough to raise an inference that the drugs were possessed with the intent to distribute them. The question then becomes where that tipping point is. We can help you with understand this issue as well as help you weigh the facts surrounding your charges. In many ways this is as important as arguing and litigating with the prosecuting attorney or law enforcement.
How do you get charged under this statute?
Some individuals get charged with manufacturing because of a fire, neighbor report, purchase trail, or just bad luck. Other times production is discovered via an informant, disgruntled employee or significant other, or after a transaction. A manufacturing of an illegal drug, narcotic or controlled substance charge involves, in most circumstances, an initial criminal investigation involving search warrants, informants, arrest, and probable cause issues. We have also dealt with administrative investigations and warrants that led to criminal charges. Retaining our criminal defense lawyers upfront is a wise decision.
Other individuals find themselves being charged with intent to manufacture simply for purchasing some items in large quantities.
If you have been charged under this statute you need an experienced attorney/law firm to help guide you through the process and critically analyze the discovery for all applicable motions. These charges are ripe for pre-trial suppression motions and this is why you need an experienced legal team of criminal defense lawyers | attorneys that know the law and how to maneuver through the legal process to help get you the best possible result; be it a reduction in charge, jail time, or dismissal. You need: experience, experience, experience. A number of lawyers in our firm are familiar with distribution and manufacture networks dating back the 70’s as well as the more modern versions associated with MDMA, molly and ecstasy and other drugs. Email or call us at 206-708-7852 to set up an appointment, All lawyers are not the same.