Drug Manufacturing in Birmingham
America’s War on Drugs began in the 1970’s during the counterculture revolution, leading to the creation of the Drug Enforcement Administration (DEA). Ever since state and federal prosecutors take a hard stance on drug manufacturing.
Drug manufacturing charges can often carry serious penalties and often require the skills of a seasoned attorney. If you are facing charges of drug manufacturing, seeking legal assistance from a Birmingham drug manufacturing lawyer may be important.What Exactly is Drug Manufacturing?
Drug manufacturing refers to the production of an illicit substance, most commonly methamphetamine, cocaine, pharmaceuticals, or marijuana. The laws governing drug manufacturing are typically severe because this is one component of a larger criminal network or enterprise that involves the production, distribution, and sale of narcotics.
In Birmingham, criminal statutes prohibit the manufacturing of controlled substances and even criminalize the possession of precursor substances. A precursor substance is one that may not seem illicit on its own, but when someone combines it with other substances, could create an illegal drug.
While possessing large drums of water or vinegar may not turn too many eyebrows, possessing methylamine, a critical component of methamphetamine, or propionic anhydride, a component of the popular drug fentanyl, could lead to a charge and arrest for possession the precursor substance. Under Alabama Criminal Code §13A-12-218, it is illegal to operate a clandestine laboratory operation that produces a specified controlled substance or secret laboratories within 500 feet of a residence, business, church, or school.Penalties
The unlawful manufacture of a controlled substance in the first degree is a Class A felony. This is the most serious type of felony in Birmingham. Jail sentences begin at a minimum of ten years, with a maximum sentence being a life term. Fines can reach $60,000. If a person is still confused about drug manufacturing and the penalties that can come about from a conviction, it is recommended to speak with a Birmingham drug manufacturing lawyer to learn more.Defenses to Illegal Manufacturing Charges
Defenses to manufacturing charges will largely rely on the facts of the individual case. However, there are some common defenses people may use:
- Illegally obtained statements
- Miranda rights violation
- Violation of fourth amendment rights
When someone requests a lawyer, the police interrogation must cease. If police continue to interrogate a person after they made this request, then the statements that follow may possibly be inadmissible at trial. This could potentially suppress a confession.
Wiretapping requires specific legal criteria for a judge to approve it. Surveillance police conduct without the appropriate permission may turn out to violate the individual’s expectation of privacy.
Miranda rights are the rights that police read to an individual when they arrest them. The police must read these rights to an individual after they detain that individual. If they fail to, it is a violation of rights and may result in a dismissal.Violation of Fourth Amendment Rights
The last common defense is a violation of fourth amendment rights or unlawful search and seizure. Searches that result from a lack of probable cause could result in a suppression of evidence. This defense examines the sufficiency of the police officer’s cause to search an individual and seize property or evidence.
Speak with a Birmingham drug manufacturing lawyer to find out about potential defenses.Contact a Birmingham Drug Manufacturing Attorney
The consequences of a drug manufacturing offense can mean more than a decade in prison and thousands of dollars in fines. If you are facing these charges, it is important to plan for your defense.
Choosing a competent Birmingham drug manufacturing attorney is a principal concern when facing drug manufacturing charges. The stakes are high because the consequences can be so dire. If you are facing drug manufacturing charges, call now to discuss your options and learn how an experienced Birmingham drug manufacturing lawyer can help you plan a solid defense for your case.