How Can I Get Charges Reduced from Manufacturing to Possession?

How Can I Get Charges Reduced from Manufacturing to Possession?

Getting charged with manufacturing drugs can lead to some pretty hefty penalties. Like, we’re talking years behind bars. But often times, the circumstances may allow for getting those charges reduced down to simple possession. Which is still illegal, but comes with way less severe punishments. So how do you go about getting charges reduced?

First Off, What’s the Difference Between Manufacturing and Possession?

Manufacturing refers to actually making or producing drugs. This includes growing marijuana plants, synthesizing methamphetamine, or pressing pills. Basically, your actively creating a controlled substance. Possession on the other hand just means having drugs on you. Whether it’s a little baggie of cocaine in your pocket or a trunk full of weed. You don’t necessarily need to be making drugs to possess them.

How Do They Determine Manufacturing Charges?

For you to face manufacturing charges, the prosecution needs to prove a few things. Mainly that:

• You knowingly produced a controlled substance
• You intended to distribute or deliver the drugs
• The weight of the drugs meets a certain threshold

So if the cops bust you with a meth lab in your garage, those manufacturing charges make sense. But let’s say they find a small stash of weed and some baggies at your place. That alone doesn’t prove you were growing and selling. See where there could be room for getting the charges reduced?

When Might Possession Be an Option?

Here’s a few cases where you may be able to get manufacturing dropped down to possession:

• You only had a small number of plants, well under the limit
• You possessed ingredients/equipment, but no actual finished product
• Someone else was primarily responsible for production
• You can argue personal use rather than intent to distribute

Basically, anywhere there’s wiggle room to say you weren’t seriously manufacturing. An experienced lawyer can look at the specifics of your case to determine if this defense applies. Don’t just assume you’re stuck with the manufacturing charges.

What’s the Process for Getting Charges Reduced?

Trying to get charges lessened or dropped is called plea bargaining. This involves negotiations between your defense lawyer and the prosecutor. Generally, it follows these steps:

1. Your lawyer analyzes your case and identifies options
2. They propose a plea deal to the prosecutor
3. The prosecutor either accepts, rejects, or counters
4. Negotiations go back and forth until both sides agree
5. You enter a guilty plea to the lesser charges

To give the prosecutor incentive, your lawyer may offer concessions like agreeing to drug counseling or community service. The key is presenting compelling arguments why possession better fits the circumstances.

What Factors Help Get the Charges Reduced?

These things can strengthen your case for pleading down to possession:

• Minimal criminal history
• No evidence of actual distribution
• Small-scale operation
• Participating in drug treatment
• Cooperating with the investigation

Basically anything that shows you weren’t a major player and that treatment could prevent future offenses. It also helps if the prosecutor feels confident they could still win at trial for possession. They’ll have less incentive to bargain if they might lose the case altogether.

What Legal Defenses Work Against Manufacturing Charges?

Some defenses that may defeat manufacturing charges include:

• Lack of intent – Argue you had no plans to make drugs and it was just an experiment or mistake.
• Entrapment – Claim police coerced you into committing the crime when you otherwise wouldn’t have.
• Improper police conduct – Seek to have evidence excluded that was obtained illegally without a warrant.
• Personal use – Argue the small amount was just for your own use, not distribution.

Talk to your attorney about defenses specific to the facts of your case. Having a solid legal strategy makes the prosecution more likely to reduce charges.

What Are the Penalties for Drug Manufacturing vs Possession?

Here’s a quick comparison of potential sentences faced under each charge:

Given the huge difference in punishment, it’s well worth exploring options to get manufacturing charges reduced or dropped. Don’t just plead guilty without talking to a criminal defense lawyer.

Key Takeaways

• Manufacturing means producing drugs, possession is simply having them on you
• With a small operation or lack of intent, charges may be reduced to possession
• Your lawyer negotiates with the prosecutor through plea bargaining
• A strong legal defense also incentivizes the prosecutor to lessen charges
• Getting manufacturing dropped to possession means significantly lower penalties

Facing drug manufacturing charges is scary. But with an experienced criminal defense attorney, you may be able to plead down to simple possession. Don’t assume you have no options – explore every avenue to reduce charges and penalties.