Manufacturing of Narcotics in California – Health & Safety Code § 11379
When it comes to manufacturing drugs/narcotics in LA, prosecutors, law enforcement and judges take these crimes very seriously and will punish the offender with prison. It’s very difficult to get a probationary sentence when it comes to a manufacturing of narcotics charge. The reason why is the dangerous level.
In other words, the courts, the prosecutors, law enforcement, really are designed to try to protect the public. So, if they see someone committing a crime that endangers the public or any one individual or a family or kids, they’re going to take this very seriously and want the person prosecuted and want to punish them to the full extent of the law.
One of the biggest issues with the people that are manufacturing drugs, a lot of times, aren’t doing it in an industrial area where if something goes wrong and there’s an explosion, a number of people are seriously injured or killed. On the other hand, a lot of these people are manufacturing drugs in homes and communities in Los Angeles and across California.
These are the people that the prosecutors are targeting and going after and attempting to put in prison because they believe these people endanger the community and are also making a significant amount of money related to the sale of drugs in Los Angeles County.
People who manufacture can obviously command a high dollar for drugs and they are the ones who are putting mass amounts of drugs out on the streets where our youth are getting their hands on them.
- Under The Influence Of A Narcotic – Health And Safety Code Section 11350
- California Health and Safety Code 11379
So, if you’re charged with manufacturing of narcotics, it’s important that you get an attorney who has handled these cases before and has local experience in the court where your case is pending. Sometimes these cases are more than meets the eye. There is no danger to the public and it’s not really a manufacturing – it’s more of someone doing something on a very small scale in their home that is not going to injure anybody and really shouldn’t be classified as manufacturing narcotics.
That’s what I see a lot of times – it’s the little tiny mom-and-pop drug lab going on and law enforcement getting information a lot of time from informants, and then they come in guns-a-blazing with numerous officers and they are making some big arrest, and the reality is no one was going to get hurt, it’s not a big operation.
So, there’s always another side of the story. Your version of the story in a manufacturing of drugs case has got to be sent out to the prosecutor and judge so they know what’s really going on. Sometimes there’s more than meets the eye and your criminal defense attorney is the one who has the ability to defend you the right way and get your side of the story across.
Legal Defenses for Manufacturing Narcotics
One defense which I just mentioned which has to do with indicating that the person wasn’t manufacturing anything and it’s not a large enough scale to warrant a full-fledged manufacturing charge, and therefore, it should just be possession or possession for sales of narcotics. Of course, this is going to center around the facts and circumstances of the case. It’s going to take a defense investigation in order to ferret out some of the information that’s good for your side.
Unfortunately, a lot of times the police do a one-sided investigation where they only gather information that supports the theory that you’re manufacturing on a large scale – thousands of dollars and narcotics that could kill somebody because there could be an explosion in the neighborhood. This is really the mentality that they’re taking when in reality they shouldn’t be taking that mentality. They should be looking at everything that’s going on.
Factors That Influence Penalties For Manufacturing Narcotics
Some of the factors they are going to look at are how much narcotics were being manufactured? What’s the dollar amount that they are able to capture? How big is the lab? How close is the lab to the community? What’s the danger level to the community? What’s the person’s criminal record look like? So, there’s a whole host of things that the prosecutors and judges are going to look at when deciding what an appropriate punishment is going to be.
So, it’s up to your criminal defense attorney to put together a mitigation package – if that’s the route you decide to take – and really negotiate on your behalf and give them all the good points about you, so the tide can be turned in your favor and you can end up with the least amount of time in custody and the least amount of damage to your criminal record.
What I have you to do is to come, sit down and we talk about the whole scenario surrounding the manufacturing of narcotics arrest and we really make a decision on (1) do we have any defenses that we can assert, and if we do, then we figure out how to investigate them and assert them.
If we don’t, then the next thing we do is figure out, okay so what’s our best strategy going into this with an idea towards resolving the manufacturing narcotics case. I get a mitigation package together.
I get character letters from you. We get a letter from your job, your family and anybody else who can speak highly of you. Also, I’ve put together a letter that maps out the scenario from your perspective, not just the authorities’ perspective and we present all that to the supervising District Attorney that is in charge of your case and I go and sit down and have a meeting with him and we talk about what it’s going to take to resolve this case and get you back on the road to a successful life and out of the criminal justice system as fast as possible.
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