NYC Drug Cultivation and Manufacture Lawyers
In New York, drug cultivation and manufacturing may result in charges that can range from misdemeanors to serious felony offenses. It doesn’t matter what the severity of the charge is when it comes to drug cultivation and manufacturing, an experienced and aggressive New York City criminal defense attorney can help protect your rights and advise you on the best course of action to take to ensure the best outcome is achieved.
If an individual is caught manufacturing illegal substances or cultivating marijuana, it is a serious felony offense. When an individual is convicted of manufacturing or cultivating any drug, it can lead to a lengthy prison sentence as well as forfeiture of assets. For these reasons, it is best to have a skilled New York City defense attorney by your side. New York is a state that is known for federal drug stings in an attempt to eliminate meth labs and stop marijuana cultivation. In most cases, these stings are usually brought fourth due to surveillance or a tip from a concerned citizen.
A New York City criminal defense attorney can find out what triggered the investigation and find out how the arrest and raid were administered. When a law enforcement official doesn’t have probable cause, fails to obtain a search warrant, or fails to read the accused his or her Miranda rights, it could help build a solid defensive case. If a police officer violates any of the mentioned rules, it could result in invalid evidence in favor of the defendant.
What You Should do if You are Arrested
If you are arrested for a drug cultivation and/or manufacture offense in New York, it is advised that you exercise the right to remain silent, as any statements you make could be used as evidence against you. When you start to answer police questions and then stop, it can be seen as admission of guilt. By choosing to use your right to the Fifth Amendment of the United States Constitution, you are protecting yourself from being incriminated. The best course of action is to remain silent until you have an experienced New York City criminal defense attorney by your side.
What Encompasses a Drug Manufacturing Charge in New York?
Criminal drug manufacturing occurs when a person takes part in any phase of an illegal drug manufacturing organization. This could include selling chemical agents or equipment while knowing they will be used for drug production. In addition, any part of helping make the substance is also cause for a drug manufacturing charge. If convicted of this charge, an individual could face incarceration, costly fines, and he or she will be required to participate in a post-release probation program.
For an individual to be convicted of a drug manufacturing charge, a prosecutor must prove the accused was in possession of the illegal substance, and he or she had intentions to manufacture the drug. Intent can be extremely difficult for the prosecution to prove in court, which is due to the fact that a prosecutor isn’t able to accurately determine what the defendant was thinking. In other words, a prosecutor must find circumstantial evidence to get a conviction. This may include text messages, handwritten notes, receipts, and more. If an attorney is able to prove that an individual had no intent to manufacture an illegal substance, it can lead to lesser charges or a case dismissal.
However, a prosecutor can prove guilt in other ways. One example may include individuals who were found with pseudoephedrine. This could be used against them during a trial. However, the discovery by itself isn’t enough to constitute a conviction for drug manufacturing. When the police discover equipment that can be used for manufacturing meth, it could result in an immediate arrest. In addition, the discovery of marijuana seeds alone isn’t enough to validate a cultivation charge. However, if a police officer discovers equipment for cultivating marijuana, such as lamps, then it could result in an arrest.
In New York, many individuals are under the assumption that cultivating marijuana isn’t a serious offense. Although the possession of small quantities of marijuana can result in minimal consequences, the penalties will significantly increase if an individual cultivates the drug. New York is known for having some of the strictest laws in the nation when it comes to cultivation laws.
Based on all of the facts that surround the case, a criminal defense attorney will attempt to have the case dismissed. This could be accomplished if law enforcement officials made any mistakes during the arrest, which may include mishandling evidence or failing to advise the defendant of his or her rights. If you are facing a drug manufacturing or cultivation conviction, the best way to increase your chances of a positive result is to contact a skilled, an experienced New York City criminal defense attorney.
May 17, 2018
Spodek Law is a great firm. They are super pragmatic