“Manufacturing” is a very specific legal term when it comes to drugs. Preparing, producing, compounding, or processing a controlled substance is considered manufacturing. This is the case whether the methods used to manufacture the drug were direct or indirect, or even if the drug was extracted from a natural substance.
In Georgia, the most common manufacturing charges involve methamphetamines. However, these charges are also made against people suspected of producing drugs such as ecstasy, heroin, and marijuana. Sometimes people find themselves charged with production even when there are no drugs in their possession. If you have the equipment, materials, or supplies on hand, you may find yourself facing production charges, which are almost always made at the felony level.
Because they are felony charges, prosecution tends to be quite aggressive in pursuing these charges. Sometimes prosecution and law enforcement’s zeal outweighs their adherence to the legal process. For example, mere suspicion is not enough to execute a search. Law enforcement needs a warrant or probable cause (sometimes called reasonable belief of guilt).
If you or your property were searched and a charge was made without a warrant or probable cause, then that means your rights were violated. Evidence that was obtained when police did not adhere to proper procedure can often be suppressed. And suppressing the prosecution’s evidence may strengthen your defense.
A strong defense is important because manufacturing charges are generally more serious than possession. This is because they assume that individuals who manufacture are involved in the drug industry at higher levels than those who are simply using. People who manufacture are viewed by the criminal justice system as “in it for the money.” Additionally, their actions may affect many more individuals than the actions of one user who may be suffering from addiction. This means that the penalties for those convicted of manufacturing can be extremely harsh in Georgia.
If you are facing drug production charges, the penalties depend on many aspects of the situation. For example, what drug you have been accused of producing, in what amount, and how involved the prosecution believes you were in the production process are all factors in determining the magnitude of the consequences that you may be facing. Almost always, however, expensive fines and a significant prison sentence (at least three years) are the norm for a conviction.
Our approach is to examine the evidence and determine both its quality as well as the process by which that evidence was obtained. We will inspect law enforcement’s procedure during the course of the investigation and attempt to find witnesses that can support your defense. If you have been charged with manufacturing in Marietta or anywhere in Cobb County, contact us for your free consultation today.