UNDERSTANDING DRUG MANUFACTURING CHARGES
Under Washington law, the “manufacture” of a controlled substance means the “production, preparation, propagation, compounding, conversion, or processing” of a drug. This definition of “manufacturing” includes accusations of growing marijuana or cannabis. The law takes the manufacture of a controlled substance very seriously in Washington State. Whether your case is in Clark County, Cowlitz County, Skamania County or elsewhere in the surrounding counties, it is important to have an experienced criminal defense lawyer by your side.
DEFENSES TO MANUFACTURING
One of the first places to start in the defense of a charge of the manufacture of a controlled substance is to look at any search warrants involved in a case. Oftentimes, the police will execute a search warrant for a residence or building where suspected criminal activity is occurring. It is important for a criminal defense lawyer to take a close look at the probable cause for such a warrant. There are many technical requirements under the law. When the police find evidence of a marijuana grow or a drug laboratory, they do not always charge the correct person. Many homes have multiple people living there, and people often come and go. The police do not usually fingerprint the equipment to determine who is involved in the operation. For example, the police usually have difficulty in showing who watered the plants, and who arranged the grow lights.
The most common manufacturing charge in Washington is the marijuana charge. Only those with a grow license issued by the state can grow marijuana under I-502. Under our laws, a manufacturing charge can be brought even for a single marijuana or “pot” plant. The Court of Appeals has ruled that even growing marijuana for one’s own personal use constitutes “manufacturing.” Charges can result from germinating seeds, or from full-grown, flowering plants. The charge of “manufacture of a controlled substance – marijuana” is a class C felony with a possible punishment of up to 5 years in prison.
The standard range of punishment is 0 to 6 months in jail for an individual with no criminal history. A defendant may be eligible for drug court. A defendant is usually sentenced to a term of community custody (probation) for up to 12 months. Twenty-four months of prison can be added to a sentence if the crime were to occur in a school zone. Larger marijuana grow operations can lead to charges in Federal Court. It is also important to have a creative and thorough attorney who can spot potential weaknesses and technical defenses to your criminal court case. A Vancouver drug lawyer at the Law office of Erin Bradley McAleercan assist you during your case.
MANUFACTURING COCAINE, METH AND HEROIN
Although the most common form of drug “manufacturing” in Washington is the marijuana grow operation, charges are also seen for the manufacture of cocaine, methamphetamine or heroin. The charge of manufacture of cocaine usually takes place when there is an allegation that a person was converting the powdered cocaine into crack cocaine. The manufacturing of cocaine is a class B felony with a possible punishment of up to 10 years in prison.
The standard range punishment is 12 to 20 months in the state penitentiary. A defendant is usually sentenced to a term of community custody (probation) for up to 12 months. Twenty-four months of prison can be added to a sentence if the crime were to occur in a school zone, and additional punishments can be imposed if the offense is committed while being armed with a deadly weapon. The punishment for the manufacturing of methamphetamine is the most severe, and the standard range sentence is 51 to 68 months in prison. Let the Law Office of Erin Bradley McAleer help you with your serious case.
A crime defense lawyer will often handle cases where the defendant is charged with being an accomplice. Under Washington law a person is an accomplice to manufacture of a controlled substance when he or she aids, abets, or encourages the crime. People often face such charges when the police suspect them of providing a building or structure for the manufacturing of drugs, or when providing the equipment or even acting as a lookout. Under our state law, the punishments for being an accomplice are the same as for the major participant. Accomplice charges need to be taken very seriously, and a criminal defense law firm should be consulted right away.
AN AGGRESSIVE DEFENSE LAWYER IS NEEDED:
Whether your charge is in Clark, Cowlitz, or Skamania County, you deserve a skilled drug defense lawyer to properly defend you. When you meet with attorney Erin Bradley McAleer for a consultation, he will look at the specific drug charges brought against you. He can properly advise you as to how he can best provide an effective defense. Because of his training and experience, lawyer Erin Bradley McAleer can defend people in an innovative and thorough manner. These serious allegations call for a defense lawyer that is aggressive and dedicated to your defense. Avoiding criminal convictions is always the top goal that lawyer Erin Bradley McAleer has for his clients.
The Law Office of Erin Bradley McAleer will fight to ensure that you achieve the best possible outcome in your court case. Call attorney Erin Bradley McAleer today at (360) 334-6277 to schedule an immediate confidential free consultation.
Washington Attorney Erin Bradley McAleer represents clients throughout Southwest Washington State, including in Clark County, Cowlitz County, and Skamania County and Vancouver, Battle Ground, Camas, La Center, Ridgefield, Washougal, Woodland, Yacolt, Castle Rock, Kalama, Kelso, Longview, North Bonneville, and Stevenson. Attorney Erin Bradley McAleer focuses on the areas of Criminal Defense, Traffic Infractions, Landlord Tenant, Personal Injury, Firearm Rights Restoration, and Post-Conviction Relief (Vacating & Sealing Criminal Records).