Author Archives: Canterbury Law Group

The right to an attorney for a criminal defendant is guaranteed under the United States Constitution’s Sixth Amendment, which mandates “aid of counsel” for the accused “in all criminal proceedings.” This indicates that a defendant has the right to be represented by an attorney during his or her trial under the law. It also means that if the defendant cannot afford an attorney, the government will nearly always appoint one for him or her at no cost to the criminal (this began in 1963 when the Supreme Court ruled in favor of an indigent defendant facing the possibility of incarceration).

While the right to counsel is covered below in the context of a criminal trial, a suspect has the right to counsel at practically every stage of the criminal process, often from arrest to the first appeal following conviction. Criminal suspects, for example, have the right to an attorney and the right to remain silent when being interviewed by authorities.

Learn more about the constitutional right to counsel, including when it applies and the requirements that criminal lawyers must meet, in the sections below.

In a criminal case, how does an attorney assist a defendant?

The role of the defense counsel is critical in practically every criminal case, especially those involving the risk of incarceration, because it’s difficult to set a price on one’s freedom. While an attorney’s particular responsibilities vary based on the nature of the allegations and the case, any criminal defense lawyer should be aware of the following:

advising the defendant of his or her rights and describing what to expect at various stages of the criminal process;

• Assuring that the defendant’s constitutional rights are not infringed upon by law enforcement or the court system; and
• On behalf of the defendant, negotiating a plea deal with the government.
• In addition to analyzing facts and evidence, a criminal defense attorney must also cross-examine government witnesses, object to incorrect questions and evidence, and provide any applicable legal defenses.

What are the expectations of a criminal defense lawyer?

The Sixth Amendment right to counsel has been interpreted by courts to provide criminal defendants “effective aid of counsel,” regardless of whether the attorney is retained by the defendant or appointed by the government. It’s crucial to remember that an attorney’s poor strategy decisions (and even major professional errors, in some cases) rarely result in a conviction being overturned. A conviction may be overturned if it is obvious that the attorney’s ineptitude influenced the case’s outcome.

This is especially problematic for people who are represented by public defenders, who are often very talented and dedicated, but who also have a lot of cases to handle and little resources (including the time needed to properly prepare a case). This incentivizes public defenders to seek plea bargains rather than pursuing each case to trial. Nonetheless, appointed lawyers must meet the same professional requirements as high-priced lawyers.

Find out more about your right to legal representation from an attorney.

Custodial interrogation triggers your right to counsel, while the term “custody” has multiple meanings depending on the circumstances. If you’re being investigated for a crime or have already been charged with one, it’s in your best interests to speak with an experienced criminal defense lawyer.

Federal and state laws make it illegal to cultivate or manufacture illegal narcotics like methamphetamine or marijuana (with limited exceptions for marijuana in certain states). In a criminal law context, drug “manufacturing” happens when a person is involved in any step of the unlawful drug production process. Those who sell specified precursor chemicals, specialist equipment, or just offer to assist in the production of narcotics may also be charged.

Drug manufacture is often charged as a felony, including penalties such as prison time, hefty fines, and probation. Those convicted of manufacturing illegal narcotics near schools and playgrounds might face doubled prison sentences and fines.

Although this article focuses on the criminal accusations of illicit drug cultivation and drug manufacturing, when drug manufacturing is part of a bigger organization, broader RICO charges may be brought.

Elements of the Crime: Drug Cultivation and Manufacturing

Prosecutors must typically prove both possession and intent to manufacture in order to convict someone of making (or intending to create) illegal substances. The tools and materials used to make illegal substances are frequently not considered contraband in and of themselves.

Pseudoephedrine, for example, was previously a popular cold remedy. However, it is also utilized in the production of methamphetamine. Even if authorities discover a package of the now-banned drug in a person’s car, that may not be enough to prosecute for a manufacturing charge. However, if the officer also discovered laboratory equipment often used to make meth in the backseat, it could be enough to justify an arrest.

Similarly, simply having marijuana seeds in your possession does not always imply that you intend to grow them. However, if investigators discover indoor grow lamps and hydroponic equipment, they may be arrested in places where cannabis cultivation is prohibited.

However, having a permit or authority to possess specific items that might otherwise be used to produce illegal substances could be a defense. Pharmacists, for example, have access to a wide range of ingredients that might be used to make illegal narcotics. Furthermore, many chemicals and industrial supplies typically utilized in the manufacture of illegal narcotics may have valid uses that would necessitate the issuance of a permission.

State Versus. Federal Laws on Marijuana Production

While there is little distinction between state and federal drug manufacturing regulations in general, marijuana is an exception. In terms of prosecution and penalties, the federal government treats marijuana growing similarly to the manufacture of other Schedule I substances, but has largely taken a “hands-off” approach to state legalization efforts.

Under federal law, growing less than 50 marijuana plants can result in a five-year jail sentence, or a life sentence if 1,000 or more plants are grown. Individuals in states that have legalized marijuana for medical use or recreational use are not free from federal enforcement, but it is unclear how federal prohibitions would be enforced.

Colorado and Washington were the first states to legalize marijuana for recreational use, but only Colorado allows non-medical users to grow it (six or fewer). States that allow medicinal marijuana usage have different rules about whether (and how much) marijuana can be grown by licensed patients. Patients in Hawaii are allowed to grow up to seven plants, however this is not allowed in Connecticut.

Many sorts of drug offences are covered by federal and state laws. State drug regulations can be stricter if they don’t contradict federal drug laws. Drug charges in federal court normally result in longer terms, although drug charges in state court may result in a shorter sentence or even probation. Having a drug conviction on your record, regardless of the sort of drug offense committed, can have serious ramifications. This page gives an outline of some of the most common drug offenses.

Syringes

The difficulty with drug paraphernalia is that many of them are constructed to appear as though they were created for legal purposes. Many bongs, for example, have warning labels stating that they should only be used with tobacco. Depending on where you bought the item or how it looks, you could be charged with drug paraphernalia even if it contains a label.

Possession

Substance possession laws differ from state to state, based on the sort of drug and the amount involved. Possession of any illicit controlled substance, such as marijuana, cocaine, or heroin, is, nonetheless, illegal under both federal and state drug laws. Possession of an illegal drug can result in charges of simple possession or possession with the intent to distribute. If you have a modest amount of narcotics, you’ll probably be charged with simple possession, but if you have a substantial amount, you’ll be charged with possession with the intent to distribute and face heavier penalties. The same drug paraphernalia regulations mentioned above may also be applied to a drug possession charge.

Manufacturing/Delivery

Another sort of drug crime is drug manufacturing, which involves any part of the illegal substance’s production process. Under federal and state regulations, the supply of any illicit narcotic is also a crime. In order to prosecute an alleged drug maker, prosecutors must usually prove both intent to manufacture and possession. A drug producer could face fines and prison time if convicted.

Trafficking

Selling, transporting, and importing unlawful controlled substances like marijuana and cocaine are all banned under drug trafficking and distribution regulations. Because it usually entails the transportation of a considerable number of drugs, drug trafficking and distribution is a more serious criminal than drug possession. Having huge amounts of an illegal drug, on the other hand, may cause police to suspect you meant to sell the drugs and charge you with distribution. If you are convicted of drug trafficking, you might face a term ranging from 3 years to life in prison.

Dealing

The term “drug dealing” refers to the small-scale sale of illegal drugs. It’s vital to keep in mind that the terms “trafficking” and “dealing” are defined differently in different states and under different federal laws. Because drug dealing usually involves a single person selling a little amount of drugs, the penalty is less harsh than selling bigger amounts. Selling less than 50 grams of marijuana can result in a sentence of up to 5 years in prison and a fine of up to $250,000. This is according to the Drug Enforcement Administration (DEA), which determines federal penalties for drug dealing and trafficking. A sale of 1,000 kg of marijuana, on the other hand, can result in a sentence of ten years or more.

Are You Being Charged With Growing Weed Illegally? An Attorney Can Assist You

Under federal and state law, drug manufacturing and cultivation are prohibited, but there are several exceptions, as indicated above. Even in states where cannabis cultivation is legal, you still face charges if you break specific rules and restrictions. If you have any further questions regarding the laws in your area, or if you’ve been charged with the offense, you should talk with a local criminal defense attorney to learn more about how the law applies to your circumstance.

Manufacturing any drug, commonly known as narcotics or controlled substances, is completely banned unless state and federal authorities have issued you a license.

Manufacturing

When a person takes part in any aspect of the process of making an illicit drug, this is referred to as drug manufacturing. Mixing chemicals in preparation for making LSD, “cooking” or synthesizing methamphetamine, and growing marijuana plants are all examples of manufacturing activity. It’s enough to offer to help with the drug manufacturing process to qualify as drug manufacturing.

Material Distribution

Anyone who knows or has a reasonable cause to know that chemicals, chemical combinations, components, or materials will be used to manufacture illegal narcotics is likewise prohibited from supplying them. Producing methamphetamine, or meth, for example, necessitates the use of specific chemical components. If the supplier knew or should have known the person would use the chemicals to produce methamphetamine, he or she might be prosecuted with drug manufacturing.

Cultivation

Plants that generate prohibited substances are likewise subject to manufacturing laws. Cultivation usually refers to the act of producing marijuana plants, hallucinogenic mushrooms, or other plants used in the drug-making process.

Is Possession Enough?

Even if you never create any illicit substances, you might be convicted of a drug production felony. You can be held guilty of manufacturing if you simply have the chemical components, manufacturing equipment, or other items needed to make unlawful substances.

Penalties

Drug manufacturing offenses can result in lengthy jail sentences and heavy fines, depending on whether the offense is committed on a state or federal level. Drug manufacturing is often a felony offense, though it can be punished as a misdemeanor in specific cases, such as when a person is found in possession of components necessary to create prescription medications rather than illegal drugs.

Prison. Convictions for drug manufacture can result in lengthy jail sentences. The minimum term for felony drug manufacturing convictions is one year in jail, although sentences can be as long as ten years or more. Misdemeanor drug production charges can carry a sentence of up to a year in prison.

Fines. Drug production fines might be rather high. Fines for misdemeanors can be as high as $2,000, and felony fines can be as high as $50,000 or more.

A court may impose a probation term in addition to or instead of fines and jail for someone convicted of drug manufacture. Probation durations are normally for at least one year, although they might be for several years. Probationers must obey a probation officer’s orders and adhere to specified probation conditions, such as avoiding committing additional offences, paying all costs and fines, and submitting to random drug tests.

Restitution. You may be required to pay restitution in addition to any fines imposed by the court in some states. In drug manufacturing cases, restitution refers to the amount of money you must pay to offset the costs of any damage caused by the drug manufacturing activity, as well as the costs of law enforcement cleaning up a drug lab.

Sentences for particular amounts and categories of drugs have been increased.

Charges of drug production apply to anyone who makes or attempts to make a controlled substance. If the amount of pharmaceuticals manufactured exceeds the level specified by state law, those who create them may face harsher penalties. If a person is found with more than 9 grams of methamphetamine, for example, a state may impose a heavier penalty. If a person generated less than 9 grams, the consequences would be less harsh. The degree of difference between less severe and more severe fines varies by state.

Circumstances That Make Things Worse

If you’re convicted of manufacturing drugs under certain circumstances, you could risk a harsher sentence. If you’re making narcotics around children, for example, you could be charged with a more serious offense than if no children were present. The larger the potential penalty, the more serious the crime.