Manufacturing a Controlled Substance Attorneys in Clearwater, Florida

Facing charges for manufacturing a controlled substance can be scary, confusing, and pretty much overwhelming. 

At The Law Offices of Hoskins and Penton, we understand the gravity of these charges. As a severe offense, it can carry heavy penalties including long-term imprisonment, substantial fines, and a permanent criminal record.  

If you or a loved one has been charged with manufacturing a controlled substance, one of our drug crimes attorneys will defend you with unwavering dedication and aggression. 

But before we team up, there are a few things you need to understand about what you’ve been charged with. 

Understanding the Charges Against You

Manufacturing a controlled substance involves any process used to produce illegal drugs. This can include growing, producing, packaging, or labeling substances like marijuana, methamphetamines, cocaine, and other narcotics.  

Even possessing precursor chemicals or equipment intended for drug manufacturing can lead to criminal charges. 

The seriousness of the charge depends on the kind and amount of the substance being manufactured, if there were any kids around, and if any guns or dangerous weapons were involved during the process.  

Charges could be escalated to aggravated manufacturing if there is evidence of intent to distribute or if the operation poses a significant danger to public safety, such as in residential areas or near schools. 

Florida Laws on Drug Manufacturing

In Florida, drug manufacturing is governed by strict laws under the Florida Statutes Chapter 893. This chapter deals with various controlled substances and the penalties for their manufacture.  

Let’s look at a few important points: 

Penalties

Manufacturing a controlled substance in Florida is typically charged as a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. However, the penalties can be more severe depending on the type and quantity of the substance. 

Drug-Free Zones 

If the manufacturing occurs near a school, park, or other designated drug-free zones, the charges could escalate to a first-degree felony with harsher penalties. 

Mandatory Minimum Sentences 

Some drug manufacturing charges carry mandatory minimum prison sentences. For example, manufacturing methamphetamine may result in a minimum sentence of 3 years if certain quantities are involved. 

Enhanced Penalties 

Factors like prior convictions, the use of firearms, and the presence of minors during the manufacturing process can lead to enhanced penalties. 

Federal Charges 

In addition to state charges, manufacturing a controlled substance can lead to federal charges, particularly if the activity involves large quantities or crosses state lines. Federal charges often come with more severe penalties, including longer prison sentences and higher fines. 

Environmental Impact 

The environmental damage caused by drug manufacturing, such as meth labs which produce toxic waste, can result in additional charges and penalties. 

Property Forfeiture 

Engaging in drug manufacturing can result in the forfeiture of property, including homes, vehicles, and other assets used in or obtained through the manufacturing process. 

Chemical Risk 

Possession of certain chemicals without a license, especially those listed as precursor chemicals for drug manufacturing, can also lead to criminal charges and stiff penalties. 

Conspiracy Charges 

Being involved in a conspiracy to manufacture drugs, even if not directly engaged in the production process, can lead to serious charges and penalties similar to those for actual manufacturing. 

How Attorneys Hoskins and Penton Will Defend You

When you work with our firm, you get the support of criminal defense attorneys whose goals are to fight for your rights and protect your future.

We will scrutinize all the evidence against you. This scrutiny includes the methods used by law enforcement to obtain evidence. If there were any violations of your rights during searches or seizures, we will fight to have that evidence excluded. 

To secure a conviction, the prosecution must prove that you knowingly and intentionally manufactured a controlled substance. We will challenge this by presenting alternative explanations for the presence of chemicals or equipment. 

We will work with experts in fields like chemistry and forensics to challenge the prosecution’s claims about the substances involved. Expert testimony can provide reasonable doubt and weaken the prosecution’s case against you. 

Many cases rely heavily on testimonies from witnesses who may have ulterior motives or credibility issues. We will thoroughly investigate the backgrounds of these witnesses and look for inconsistencies in their statements that can be used to discredit their testimonies in court. 

In some cases, individuals may be unaware that controlled substances are being manufactured on their property. We will gather evidence to demonstrate that you had no knowledge of or control over the illegal activities occurring, thereby dismantling the prosecution’s case regarding intent and responsibility. 

Law enforcement must follow strict protocols when collecting and handling evidence. We will meticulously review the procedures they followed and identify any deviations from proper protocol. Instances of mishandling evidence or procedural errors can be grounds for suppressing critical evidence against you. 

If there is any indication that you were coerced, threatened, or otherwise forced into participating in the manufacturing of controlled substances, we will bring this to light. Proving coercion can significantly influence the outcome of the case and may lead to a reduction in charges or penalties. 

We will rigorously examine whether your Fourth Amendment rights against unreasonable searches and seizures were violated during the investigation. If any evidence was obtained without proper warrants or probable cause, we will seek to suppress it, weakening the prosecution's case. 

While our goal is to secure a full acquittal, we will also explore the possibility of negotiating favorable plea bargains when appropriate. This approach can sometimes result in reduced charges or penalties, providing a more manageable outcome for our clients.