Facing drug manufacturing charges in Bryan, Texas can be a terrifying experience. During this challenging time, it's essential to remember that you have rights and that an experienced Bryan drug manufacturing lawyer can make a significant difference in the outcome of your case.
A skilled attorney with experience defending drug crimes understands the complexities of the legal system and can provide the guidance and support you need to navigate this difficult situation. They will thoroughly investigate the circumstances surrounding your arrest, ensure that your rights are protected throughout the legal process, and work to build a strong defense strategy tailored to your unique case.
While the road ahead may seem daunting, having a dedicated and knowledgeable drug manufacturing defense lawyer by your side can help alleviate some of the stress and uncertainty you may be experiencing. An experienced criminal defense lawyer will explore every avenue to fight for the best possible outcome as your advocate to avoid a drug manufacturing conviction.
Choose Shane Phelps Law When Facing Drug Manufacturing Charges
Are you facing legal issues related to drug manufacturing in Texas? Look no further than Shane Phelps Law, a reputable law firm focusing on drug manufacturing defense. Our team of experienced Bryan drug manufacturing defense attorneys is dedicated to protecting your rights and providing you with aggressive and effective legal representation. We understand the complex nature of drug manufacturing cases and are here to guide you through the legal process.
Call Shane Phelps Law today at (979) 775-4100 or contact us online to schedule a meeting with a Bryan, Texas, drug crime lawyer.
What is Drug Manufacturing?
Drug manufacturing refers to the process of producing or manufacturing controlled substances or illegal drugs. It involves any activity related to the cultivation, synthesis, extraction, or compounding of drugs with the intent to distribute, sell, or possess them unlawfully. Drug manufacturing can involve various substances, including but not limited to methamphetamine, cocaine, heroin, LSD, MDMA (ecstasy), and marijuana.
What are the Penalties for Drug Manufacturing in Texas?
The penalties for drug manufacturing in Texas depend on several factors, including the type and quantity of drugs involved, prior criminal history, and aggravating circumstances. The state has different penalty groups for controlled substances, ranging from Penalty Group 1 (the most serious) to Penalty Group 4.
For example, if convicted of manufacturing illegal drugs listed in Penalty Group 1, such as cocaine, heroin, or methamphetamine, the penalties can be as follows:
- Third-Degree Felony: Manufacturing or delivering a controlled substance of less than one gram can result in a third-degree felony, punishable by two years to ten years in prison and a fine up to $10,000.
- Second-Degree Felony: Manufacturing or delivering one gram or more but less than four grams can result in a second-degree felony, carrying a punishment of two to twenty years in prison and fines of up to $10,000.
- First-Degree Felony: Manufacturing or delivering four grams or more but less than 200 grams can result in a first-degree felony, punishable by five years to 99 years or life in prison and fines of up to $10,000.
The penalties become more severe for larger quantities of drugs or if the offense involves certain aggravating factors, such as manufacturing drugs in a drug-free zone, near a school, or involving minors. Additionally, the penalties can be significantly enhanced if the drug manufacturing offense results in injury or death.
It's important to note that Texas law also considers the possession of certain chemicals or equipment used in drug manufacturing as a separate offense, and individuals may face additional charges and penalties for possessing drug paraphernalia or precursor chemicals.
What is the Controlled Substances Act and How do Federal Drug Laws Work With Texas Drug Laws?
The Controlled Substances Act (CSA) is a federal law that regulates the manufacture, importation, possession, use, and distribution of certain drugs and substances. Passed in 1970, the CSA categorizes controlled substances into five schedules based on their accepted medical use and potential for abuse and dependence. Schedule I substances, such as heroin and LSD, are considered to have a high potential for abuse and no accepted medical use. Schedule V substances, such as prescription drugs like codeine, have a lower potential for abuse and accepted medical uses.
Federal drug laws, including the CSA, apply across all states, including Texas. However, Texas also has its own set of drug laws, which are outlined in the Texas Controlled Substances Act. While there is significant overlap between federal and state drug laws, there can be differences in how certain substances are classified, penalties for offenses, and enforcement priorities.
In cases where there is a conflict between federal and state law, federal law generally takes precedence due to the Supremacy Clause of the U.S. Constitution. Even if an act is legal under Texas state law, a person can still face a federal drug crimes charge if the act is illegal under federal law.
In practice, federal drug enforcement tends to focus on large-scale drug trafficking, distribution, and manufacturing operations, while state and local law enforcement agencies handle smaller-scale drug offenses. However, federal authorities can still get involved in local cases, particularly when the offenses are severe or cross state lines.
Defenses Your Drug Crime Lawyer May Offer to Counter Drug Manufacturing Charges
Being charged with drug manufacturing in Texas can have serious consequences, but it's important to remember that everyone is entitled to a strong defense. There are a number of potential defenses that the experienced drug crime attorneys at Shane Phelps Law can explore on your behalf. Here are some common defenses to drug manufacturing charges:
- Lack of Knowledge: One possible defense is to argue that you were unaware that the substance you were involved with was illegal drugs or that you were unaware of the manufacturing process. Proving a lack of knowledge can be challenging, but with a thorough investigation and analysis of the evidence, our attorneys can build a strong defense based on this premise.
- Unlawful Search and Seizure: The Fourth Amendment protects individuals from unreasonable searches and seizures by law enforcement. If it can be shown that the evidence used against you was obtained through an illegal search or seizure, it may be possible to have the evidence suppressed or excluded from trial. This can significantly weaken the prosecution's case.
- Entrapment: Entrapment occurs when law enforcement induces or encourages an individual to commit a crime that they would not have otherwise committed. It may be a viable defense strategy if you can demonstrate that you were coerced or persuaded into engaging in drug manufacturing by law enforcement or their agents.
- Insufficient Evidence: Challenging the sufficiency of the evidence against you is another defense strategy. Our skilled attorneys will carefully examine the prosecution's case, scrutinize the evidence, and challenge its validity. If the evidence is weak or unreliable, it can cast doubt on the charges and weaken the prosecution's case.
- Violation of Constitutional Rights: If your constitutional rights were violated during the arrest, search, or interrogation process, it may be possible to suppress evidence or have the charges dismissed. Our skilled criminal defense attorneys will thoroughly review the circumstances of your case to identify any potential violations of your rights.
- Chain of Custody Issues: Drug manufacturing cases often involve evidence in the form of drugs, chemicals, or equipment. Establishing a clear chain of custody for this evidence is crucial. If there are gaps or inconsistencies in the chain of custody, it can raise doubts about the integrity and reliability of the evidence.
- Mistaken Identity: If the evidence supports that you were mistakenly identified as the individual involved in drug manufacturing, our attorneys can present a defense based on mistaken identity. This can involve presenting alibi witnesses or providing evidence that you were not present at the scene of the alleged crime.
Our Bryan drug manufacturing defense lawyers will thoroughly investigate, analyze the evidence, and develop a customized defense strategy tailored to your situation.
Contact Our Bryan Drug Manufacturing Defense Attorneys Today
If you need an experienced Bryan drug manufacturing defense lawyer, Shane Phelps Law is here to help. We understand the complex nature of a drug manufacturing charge and its potential impact on your life. With our commitment to excellence and personalized approach, we will advocate for your rights and work toward achieving the best possible outcome for your drug manufacturing case. Our case results speak for themselves. We have a proven track record of success in representing people in Bryan, Texas, facing drug charges.
Contact Shane Phelps Law today to schedule a FREE consultation with our experienced team of drug manufacturing defense lawyers in Bryan.