Both New Jersey and Pennsylvania take drug charges very seriously, especially when it comes to opioids. Both states have made efforts in recent years to divert those with possession charges to treatment programs and other options to avoid incarceration. However, the recent increase in opiate-related overdoses has led to an increase in enforcement and aggressive…
Philadelphia Federal Methamphetamine Manufacturing Defense Attorney
Offering Skilled Legal Defense to Philadelphians Charged with Methamphetamine Manufacturing
Methamphetamines, which are sometimes also referred to as “crystal meth” or simply as “meth,” are powerful drugs with extremely addicting qualities. According to the National Institute on Drug Abuse (NIDA), meth is a drug which significantly increases the neurotransmitter dopamine, producing a high level in the drug user’s brain.
Although regular meth users may experience feelings of intense (but temporary) euphoria, long- term users of the drug can also experience anxiety, confusion, mood swings, violent outbursts, and even psychosis. Given the addicting qualities and extreme side effects associated with meth use, meth manufacturing has been strictly outlawed at both the state and federal levels – including in the Commonwealth of Pennsylvania. If you are currently facing charges for federal methamphetamine manufacturing, you need skilled legal counsel in your corner.
Our experienced Philadelphia methamphetamine manufacturing defense lawyer at Wimmer Criminal Defense Law can go over the facts and circumstances of your criminal charge with you and set to work on preparing a solid legal defense for court.
What is Drug Manufacturing?
Federal law explicitly prohibits the manufacturing of methamphetamines and other drugs. In the criminal context, drug manufacturing occurs when the accused takes part in any step of the drug production process. A person could be charged with federal meth manufacturing if he or she sells certain chemicals which are required to make the drug, sells certain specialized equipment or paraphernalia used in the drug production process, or offers to assist with producing the drug.
Meth manufacturing is normally a felony charge under federal law. A guilty finding and conviction can land the accused in jail for a long time and/or could result in heavy monetary fines or a term of criminal probation. Moreover, if the accused is caught manufacturing illegal drugs in certain locations – such as near a playground, school, or other area where children are present – these fines could be doubled.
An experienced lawyer may be able to convince a prosecutor to reduce your charge and/or argue for a lesser penalty upon conviction.
Elements of Proof for Drug Manufacturing Cases
As in all federal criminal cases, the federal prosecutor who has been assigned to your case has the burden of proving guilt beyond a reasonable doubt. This first means that the prosecutor must establish all of the elements of your particular crime. In the case of meth manufacturing at the federal level, in most instances, the federal prosecutor must demonstrate the elements of proof for drug possession as well as show an intent to manufacture on the part of the accused.
At one time, for example, the drug pseudoephedrine was a popular medication that was regularly used to treat cold symptoms. It was also used to manufacture meth. If a police officer found a box of pseudoephedrine in a person’s car, that alone would probably be insufficient to charge the vehicle owner or driver with meth manufacturing. However, the officer would likely have the probable cause he or she needs if equipment used to cook meth was also visible in the back seat of the person’s car. The presence of this equipment would likely be sufficient to infer an intent to manufacture on the part of the accused.
If the federal prosecutor is unable to satisfy the required elements of the crime (i.e., possession and intent to manufacture), then there is a chance that your manufacturing charge could be dropped and that your criminal case may be dismissed.
An experienced Philadelphia federal meth manufacturing defense lawyer at Wimmer Criminal Defense Law can determine if the federal prosecutor has met his or her burden of proof. If not, your defense lawyer can raise lack of proof as a defense to your meth manufacturing charge.
Defenses to a Federal Charge of Meth Manufacturing
As with all federal criminal offenses, the accused may have some legal defenses available to him or her. At trial, your criminal defense lawyer may raise one or more of these legal defenses, depending upon the specific circumstances surrounding your criminal charge. Potential defenses to a federal meth manufacturing charge include the following:
- Improper search or seizure – In order to search your home or vehicle, a police officer must normally have a search warrant, issued by a judge, or some exception to the warrant requirement must exist. The officer must also normally have probable cause for the search. If either of these requirements is lacking, you may be able to challenge the constitutionality of the officer’s search under the Fourth Amendment. If the search violated your federal constitutional rights, then anything recovered during the search (including meth, manufacturing equipment, etc.) may be excluded from evidence at trial.
- Permits or authorizations – In some limited circumstances, certain individuals are granted a permit or authorization to possess items which are typically required to make illegal drugs. Pharmacists, for example, are granted access to many different substances which could also be used to manufacture an illegal drug. Some chemicals and supplies which are sometimes used to make illegal drugs may also have certain legitimate uses for which the user would need a permit. If the accused has a permit in his or her possession, the case may ultimately qualify for dismissal.
Talk to a Philadelphia Federal Methamphetamine Manufacturing Defense Attorney Today
A conviction for meth manufacturing is an extremely serious matter. In addition to the potential criminal penalties upon conviction, you will almost certainly face lifelong consequences. A federal drug conviction on your record can make it difficult for you to land a job, go to school, or find a place to live.
Fortunately, you do have legal options available. Attorney Lauren Wimmer will review the facts of your case at no charge, present your legal options, and help you formulate a legal defense that has a high chance of success in court.
To schedule your free consultation and case evaluation with a knowledgeable Philadelphia methamphetamine manufacturing defense attorney, please call us today at 215-712-1212, or contact us online.
If you are facing a potential Methamphetamine Manufacturing charge
The criminal defense attorneys of Wimmer Criminal Defense may be able to provide representation during proceedings. To schedule a free and confidential case review, call today