If you are accused of attempting to manufacture or manufacturing drugs, you're at risk of fines, incarceration, and facing stigma and prejudice as a felon. These penalties are not only frightening and harsh but also life-altering. At California Criminal Lawyer Group, we believe that the case's success rests in research, details, and preparation. We can analyze all your case facts and develop the most effective defense approach. It might be the proof against you that Santa Ana police illegally seized, and we can work to make it inadmissible in court. If the police violated your constitutional rights during your arrest, we could protect them.
Defining the Legal Term "Manufacture Drugs"
Per state laws manufacturing a drug goes beyond making the controlled substance. It also involves producing, converting, processing, and compounding the drug.
For instance, the manufacturing of opium involves its extraction from a poppy. Additionally, refining the opium to get morphine also constitutes manufacturing. Mixing morphine with acetic anhydride to make heroin is also manufacturing.
Taking steps in the chemical process that results in an illegal drug could be charged as manufacturing. Therefore, making legal chemical compounds is a crime, provided you created it intending to modify the compounds into illegal drugs.
On the contrary, taking steps to prepare for manufacturing the illegal drugs without engaging in any stage in the manufacturing process doesn't break HS 11379.6. Purchasing lab supplies intending to have a drug lab isn't adequate to support a conviction.
After assembling a drug lab and having all drug manufacturing ingredients, the relationship between manufacturing and preparing to manufacture becomes vague.
Elements of this Crime
To be convicted of HS 11379.6, the prosecutor must verify the following facts of the offense beyond any reasonable doubt:
- You manufactured, produced, prepared, or compounded a narcotic, and
- You were aware that this substance was a narcotic.
Please note that you could be found guilty of this statute even when you did not know which controlled substance was involved. The prosecution team only has to prove that you knew the drugs were controlled substances.
Attempting to manufacture controlled substances is illegal regardless of whether:
- Your attempts were successful or not, or
- You did not complete the manufacturing process.
You are guilty if the District Attorney can establish that you:
- Knowingly engaged in the narcotic production process, and
- Your engagement was at the middle or initial steps of the operation.
Controlled Substances
Controlled substances are prescription or illegal drugs that the Controlled Substances Act of the US regulates. Acknowledging the probable that specific medicines have for dependence and abuse, Congress passed the act as an element of the Comprehensive Drug Abuse Prevention and Control Act.
The act classifies all substances controlled by federal law into schedules. The drug's schedule depends mainly on the medical use, possibility for abuse, safety, and how easily individuals become reliant on it.
These schedules include:
- Schedule I drugs have a greater probability of abuse and aren't accepted for medical use. Also, the drugs don't have recognized safety for use under medical administration. These drugs include heroin, methaqualone, lysergic acid diethylamide. Marijuana is the only Schedule 1 substance that is lawful for recreational and medicinal uses.
- Schedule II drugs also have an increased likelihood of abuse. Unlike Schedule I drugs, they have recognized medical use but with strict restrictions. They include morphine, methamphetamine, cocaine, methadone, and phencyclidine.
- Schedule III drugs include barbiturates, anabolic steroids, and codeine. They have less probability for abuse than controlled substances in Schedules II and I. Abuse might result in high psychological dependence or low or moderate physical dependence. People can use the drugs for medical use.
- Schedule IV drugs include Xanax, valium, Equanil, and Darvon. They have a lesser probability of abuse than Schedule III drugs. and the abuse might cause limited psychological dependence or physical dependence. These drugs are acceptable for medical use.
- Schedule V substances have a lower likelihood of abuse than those in other schedules. Abuse might cause limited psychological dependence or physical dependence. Additionally, these drugs are legally accepted for medical use.
Potential Penalties for Violating HS 11379.6
Violating HS 11379.6 is a California felony. It attracts the following potential penalties:
- Up to fifty thousand dollars in fines
- Three (3), five (5), or seven (7) years in state prison
While these penalties are severe to start with, some factors can lead to enhanced consequences. They include:
Previous Criminal Convictions
If you have a previous drug-related conviction, you might serve more time. The prior conviction can lead to three (3) years to the sentence for every previous qualifying conviction. If found guilty, a qualifying conviction will enhance the sentence irrespective of whether you served time or not.
Manufacturing a Drug Around Children
You will also face severe penalties if you manufacture methamphetamine near children. Suppose you are sentenced for manufacturing methamphetamine, and a child below sixteen was present during the commission of the offense. In that case, you will serve an additional and consecutive two years in prison. And if your conduct caused the juvenile severe bodily injuries, you spend another five years in prison.
Causing Severe Injuries or Demise
You will spend an additional and consecutive year in prison if somebody else is killed or injured during the commission of the crime. Nevertheless, you won't receive enhanced consequences if the wounded individual or the deceased was your accomplice.
Manufacturing Huge Amounts of Drugs
Additionally, you'll face an enhanced sentence if you're sentenced for manufacturing large amounts of drugs. These enhancements are:
- You will serve an additional three-year term if the controlled substance is more than a pound by weight or three gallons of liquid by volume.
- If the drug is more than three pounds by weight or ten gallons of liquid, you will serve five more years.
- When the controlled substance is above ten pounds by weight or twenty-five gallons of liquid by volume, the accused will serve a consecutive and additional ten-year sentence.
- When the drug exceeds forty-four pounds of solid by weight or one hundred and five gallons of liquid, the accused will serve an additional fifteen-year term.
An HS 11379.6 Conviction Might Result in Adverse Immigration Consequences
Manufacturing drugs is a crime involving moral turpitude. The CIMT can lead to an immigrant being either marked as inadmissible or deported.
Moreover, the manufacturing of the narcotic is an aggravated felony. Deportation for an aggravated felony is compulsory. Specific forms of relief are not available after an aggravated felony conviction, like:
- Permission to reapply for admission to the United States following deportation/ 1-212 hardship waiver
- Asylum relief
- Cancellation of removal under 8 USC 1229b(a)(3)
A Conviction Affects Gun Rights
HS 11379.6 is a felony that can lead to the loss of firearm rights. That means you will be banned from purchasing, owning, or possessing a gun.
Can Your Crime be Expunged?
A crime punishable by serving time in prison is not eligible for expungement in California.
Expungement under PC 1203.4 releases the defendant from almost all the negative consequences stemming from a criminal conviction.
Drug Treatment in Place of Incarceration
The law offers drug diversion. The alternative sentencing option permits a nonviolent drug offender to go through drug treatment instead of serving time. California has numerous drug diversion programs, including:
- PC 1000
- California Drug Court
- Proposition 36
If you complete the program, the court will dismiss the criminal charge. Nevertheless, drug diversion comes with several limitations, and not everyone qualifies. The manufacturing should be associated with simple possession of drugs for personal use rather than the intention to sell. Your criminal defense attorney can persuade the prosecutor to agree to plea bargain negotiations to a less severe crime like simple possession.
How to Fight Manufacturing Drugs Charges
Numerous legal defenses might apply to your criminal case. Your criminal defense lawyer can review the circumstances surrounding your criminal case and determine the most effective defense for you. Common defenses include:
Entrapment
In most manufacturing drug cases, people get arrested in undercover stings. Any criminal charges should be dropped if a law enforcer lured you into committing the crime. The luring is called entrapment. It includes police using harassment, pressure, threats, flattery, and fraud to convince individuals to break the law.
You can only use this legal defense provided you can verify that:
- You committed the crime, and
- You only act so due to the entrapment.
You Didn't Start The Manufacturing Process
HS 11379.6 does not prohibit the preparation process before manufacturing. It includes gathering and purchasing the required ingredients. That means if you haven't yet bought all the ingredients or set up the equipment, you might have a valid defense against the charges.
Please note that the legal defense might be challenging to establish. A skilled defense lawyer should differentiate between preparing to manufacture drugs and attempting to act so. Additionally, if you have illegal precursors or ingredients, you might be convicted of another offense.
You Were at the Wrong Place at the Wrong Time
Many people frequent a drug lab intending to use or purchase drugs. That means when the police search a property for proof of the violation of HS 11379.6, most innocent people are present. These individuals might face HS 11379.6, yet they violated the possession or use of drugs laws.
Typically, drug manufacturing occurs in locked mobile homes, sheds, and garages. You can be there in a place without knowing that the manufacture of drugs is happening.
If arrested, the defendant could argue that they were at the wrong place at the wrong time. The defense lawyer will leverage the necessary procedure to persuade the judge that the accused shouldn't face these charges.
Mistaken Identity
A person might be a false arrest or mistaken identity victim, yet they were not involved with the manufacturing of drugs in any way. Innocent persons face criminal charges and allegations due to several reasons, including:
- The perpetrator accusing another so that they can escape their criminal
- Jealousy
- Vengeance
An eyewitness might also mistake you for the drug dealer. Additionally, you can be arrested if the details leading to the arrest originated from unreliable private informants or police. Your attorney can explore different options and develop the best strategy to fight for you.
Illegal Search and Seizure
Even though you are accused of HS 11379.6, the law protects you from illegal search and seizure. Once you prove you are a victim of illegal search and seizure, the court will significantly reduce or dismiss your charges.
Alibi
Alibi is an affirmative defense established by proving that you weren't at the scene of the incident. You can use restaurant receipts, phone records, surveillance footage of the movements, or witness testimony to prove your whereabouts at the time of the alleged crime.
Withdrawal or Abandonment
The legal defense applies when the accused person decides to violate the law but withdraws from participating. You need to prove abandonment or withdrawal by stopping the offense commissioning. Nonetheless, your conduct of preventing from committing the crime should have engaged in completing the planned wrongdoing.
The Defendant Manufactured the Controlled Substances Under Duress
If you acted because your life was in immediate danger, duress is a valid legal defense for HS 11379.6. It would help if you established that:
- Another person used violence, force, or threats, and
- You had reasonable fear without alternatives to manufacturing the controlled substance.
With competent legal assistance and robust proof, the strategy might work for your case, resulting in reducing the criminal charges or even case dismissal.
Statute of Limitations
Since manufacturing drugs is a California felony, its statute of limitations is three (3) years.
SOL is the maximum timeframe by which the prosecution can file a criminal charge. You cannot be charged with an offense if the statute of limitations has expired or run.
SOL aims to ensure the defendant's fairness. Over time evidence gets lost or destroyed. Crime witnesses might relocate or forget the case facts. It would be unfair to press charges against the accused.
Offenses Associated with Violation of HS 11379.6
Other drug-related crimes linked to manufacturing drugs can be charged in place of or alongside HS 11379.6. They can be felonies or misdemeanors, depending on the case circumstances. They include:
Operating a Drug House
HS 11366 is the statute that makes it an offense to maintain or operate a location that illegally gives away, uses, or sells drugs. The crime is charged as a wobbler. It can be charged either as a felony or misdemeanor, depending on the case's circumstances.
A misdemeanor carries a thousand in fines and a year in jail. A felony is punishable by ten thousand dollars in fine and three years of incarceration. Additionally, the law enforcement authority could confiscate the property that holds the drug house per asset forfeiture law.
Possession for Sale of Controlled Substances
HS 11351 makes it a California felony to possess particular controlled substances intending to sell. The statute applies to prescription drugs like codeine and hydrocodone and street drugs like LSD, cocaine, and heroin.
The crime is punishable by a maximum of twenty thousand dollars in fines and up to four years in jail. Alternatively, a defense attorney can get the defendant probation that leads to a year in jail.
Transportation or Sale of Controlled Substances
HS 11352 makes it illegal to transport or sell certain drugs, like LSD, peyote, heroin, cocaine, and prescribed opiates like codeine and oxycodone. Please note that this statute doesn't apply to the transportation or sale of methamphetamine or marijuana.
The statute also prohibits:
- Administering or furnishing controlled substances to other persons,
- Giving drugs away,
- Transporting drugs intending to sell them, or
- Offering to engage in one of the mentioned-above conduct.
The crime is charged as a felony punishable by the penalties below:
- Twenty thousand dollars in fine
- A maximum of nine years in county jail
Transporting specific quantities of controlled substances or selling drugs to children can enhance your penalties.
California Search and Seizure Laws
As previously mentioned, you can use illegal search and seizure as a valid legal defense.
The 4th Amendment to the United States Constitution indicates that a person's constitutional rights should be protected in their properties, home, and persons against unreasonable search and seizure. The court should not issue a warrant unless the police have probable cause supported by an affirmation or Oath. The warrant should also describe the property or people to be seized and the places to be searched.
A judge authorized the search warrant. The warrant gives police the entitlement to seize or search for things that either:
- might be proof that you committed a felony, or
- might be proof that a felony has been committed.
These provisions are tailed to ensure privacy. The Amendment protects suspects from unreasonable searches and seizures by all law enforcement agencies.
However, not every search and seizure conducted with a warrant is constitutional. You can contest the admission of proof from the search even when the search was executed using a warrant if one of the following statements is correct:
- The search yielded proof apart from what is outlined in the search warrant or exceeded the warrant's scope, or
- The warrant was somehow invalid or defective.
Some of the reasons the search warrant can be defective or invalid include:
- The police intentionally misled the court about the case facts justifying the search warrant
- The warrant wasn't specific about the kind of evidence or place to be searched
- The judge issuing the search warrant was prejudiced.
Are There Exemptions to the Search Warrant Requirements for a Search and Seizure?
Police can enter and search your property without the warrant if any of the circumstances below applies:
- You and another person with authority over the property gave consent to search the building.
- There exists a pending threat to life or a risk of severe damage to property.
- The search occurs concerning a legal arrest and is executed to protect evidence about an arrest that a person could otherwise destroy or protect the arresting officers.
Unlawful Search/Seizure and Exclusionary Rule
If you're a victim of an unlawful seizure or search, you are entitled to have the proof the law enforcers acquired suppressed. In other words, the police cannot use that evidence against you in a trial.
Your defense lawyer can challenge this evidence by filing a PC 1538.5 motion to suppress evidence before your trial starts.
Should the motion be granted and the evidence is fundamental to the prosecutor's case, your criminal charges could be reduced or dismissed.
Ways Your Defense Lawyer Can Assist You Win the Case
If you have been charged with manufacturing drugs, you are probably looking for tips to win the case so you are not incarcerated. You can try self-representation but having a lawyer gives you the best opportunity to realize the most favorable case results.
- Your lawyer knows the judicial process — Experience is the advantage you reap from legal representation. Your attorney knows what questions to ask witnesses and how to present the defense effectively. They can also analyze the criminal charges and identify gaps in the prosecution's case.
- The lawyer will handle your evidence and paperwork — Evidence in manufacturing drugs charges is paramount, but you might not know what you require to win the case, and by the time you learn, it might be too late. Additionally, a criminal case has a lot of paperwork, which should be filed by specific dates to ensure the case isn't dismissed. A legal counsel knows when documents should be filled and can ensure the deadlines are met. They will also organize the paperwork, making you look more prepared at the courthouse.
- They can negotiate a plea bargain — Sometimes, not proceeding to trial can work for you. If it seems like you will be convicted, the attorney could negotiate with the prosecution to charge you with a less severe crime or penalties.
- The attorney knows when you should keep quiet — Keeping quiet when you want people in the courtroom to know you are innocent is difficult. Taking the stand can be self-incriminating in many ways. The lawyer will advise on how and when to speak.
Find a Santa Ana Drug Defense Attorney Near Me
Manufacturing a controlled substance in California carries severe penalties that can land you in detention. If you're charged, it is essential to remain calm and avoid panicking. A criminal charge does not always mean a conviction. Also, arrests aren't always lawful, neither are the law enforcement searches and seizures. A seasoned lawyer can make a difference. Let California Criminal Lawyer Group put many years of experience to work on the case. Call us today at 714-844-4151 to book your initial consultation. Our legal team in Santa Ana is ready to examine your case circumstances and stand with you throughout the judicial process.