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Manufacturing / trafficking Meth - can police make this charge stick?


Debra Manufacturing / trafficking Meth - can police make this charge stick?
My brother was arrested last week (strangely enuf, subsequent to a raid on his home, 3 or 4 days later he was arrested). The police report reads something or other about "controlled substances". Two different *substances*.

But in all the evidence pages, amongst the meth pipes they found, and the meth, and the pot, and the *controlled substances* (read - pills), they also appear to be trying to make a case for manufacturing and/or trafficking.

They did get things like torches, beakers, test-tubes, various chemicals, a box of 200 ct. of those little baggies, weapons, video surveillance equipt....inside and outside the residence.....

They did not get, an operating/functional lab however.

Anybody care to maybe guess at whether or not the authorities will be able to make a *manufacturing/trafficking* charge stick?

And if so, what might the sentence be like?

I'm sorry, for him, that it had to come to this, but we have tried for a long time to get him to seek rehab, in some form or fashion.
     Replies...
vctry7 Re: Manufacturing / trafficking Meth - can police make this charge stick?
What state are you talking about? Laws vary greatly from state to state.
nine
years
clean
Re: Manufacturing / trafficking Meth - can police make this charge stick?
Quote:
And if so, what might the sentence be like?
Well, I'm sorry to tell you this, and it is only my opnion, but...

if he is that deep into it, maybe an extended sentence wouldn't be such a bad thing? I'm thinking?

I'm sorry I don't have the answer to your specific question. I don't know where you are or prior history or anything, and even still, you JUST never know.

I went to prison for the very first offense of my life, non-violent, non-drug related, got clean for three months, turned myself in, paid everything back, told the truth, did the right thing, and STILL went to prison.

Does he want to learn a new way to live? What's his take on this? I mean, I'm sure he's pissed off right now. Still got a buzz, or coming down, or crashing probably.

But does he speak of change?
chris
gonz
Re: Manufacturing / trafficking Meth - can police make this charge stick?
What a trip, we just went over the sentencing thing here the other day.

Right now within the court systems and in communities..
there is a serious war against drugs.. especially METH.

They might stick it to him. That is the consequence of running, making, using drugs, especially METH these days.

I FINALLY learned when I was 30...
If I break the law, I go to jail, possibly prison.
Drugs carry a LOT of time, more time than I care to consider.
3 violent crimes (strikes) and I get LIFE.. I've got 2 now and am NOT risking a 3rd.

Regardless of the crime, it all carries time...
I'm NOT willing to do anymore time...
therefore, I commit no crime!!

It's my conscious decision.
danimal
55
Re: Manufacturing / trafficking Meth - can police make this charge stick?
The criteria to qualify as manufacturing varies from state to state. Here in WA. a "pill soak" is considered manufacturing, as is the possesion of certain ingredients and lab gear whether it's up and running or not. Based on what they confiscated he was no doubt cooking/dealing and is looking at a lengthy prison stay. The weapons make the situation far worse.
Recovery is now possible, but like the rest of the scenario...that's his choice.
Debra Re: Manufacturing / trafficking Meth - can police make this charge stick?
Yes he does talk of change. He says (of course) now that he wishes that he'd of taken the many offers of rehab. Says that if he could, he'd do so today right now. But that he is now in the clutches of law enforcement and isn't free to leave the jurisdiction, another thing he says he wishes he'd of done, leave the community (triggers). And on that topic he says that he was clean for a long time, but that NA is a trigger. Everybody there is high. So I don't know, excuse? True? I don't know.

Does anyone know what Natrol is? Apparently the evidence report indicates a container with 89 Natrol type pills. The only reason I ask is because those pills were found in a container, in the same room, w/other drugs (meth), pills, chemicals, torches, scales, baggies, beakers, etc. I had always associated "Sudafed" w/manufacture.
TnSkye Re: Manufacturing / trafficking Meth - can police make this charge stick?
Where I live, you only have to have 2 of the products used in meth manufacture to be arrested.
boys36 Re: Manufacturing / trafficking Meth - can police make this charge stick?
My daughter was busted with an active meth lab and is serving 5 years in prison for this offense. This is in Texas. I so hated to see her go to prison but it may have been the only thing that saved her life.
vctry7 Re: Manufacturing / trafficking Meth - can police make this charge stick?
Same in KY as TN - you only need two of the above mentioned items and intent to be charged with manufacturing. Meth manufacturing is punishable by up to 20 years in KY. Having the precursor items (pills) is a felony by itself in many states.

Natrol is a company that makes vitamins and other supplements.
danimal
55
Re: Manufacturing / trafficking Meth - can police make this charge stick?
"NA is a trigger. Everybody there is high" excuse?...yes.
The evidence confiscated sounds like his biggest trigger assortment. NA is a drug recovery program, and like any program, there are going to be drug addicts in attendance, and in some venues a portion of them will be high.
As addicts we are very resistant to recovery and work overtime to fabricate excuses why a program "is'nt working". Regardless of the type of program, if we don't work it, it won't work.
Sudafed is only one of many types of ephedrine based produts, the Natrol pills are likely an ephedrine product and in a "container" in preparation for a "cook".
Debra Re: Manufacturing / trafficking Meth - can police make this charge stick?
When, if ever, will my brother return to his former self?

Will he, ever?

He is just plain mean. Vile. Is that because he's likely, now, unable to obtain the drug?

And no, it isn't because he's in a world of hurt right now w/the long arm of the law. I'm sure that's part of it, maybe a large part, but even before that, ...... he and I used to talk quite a bit. In recent years, that hasn't been the case. And, when we did talk, thru these last several years (meth use/abuse) he has been just plain vile everytime I talk to him. But of course, I'll preface that w/the fact that I'm, of course, talking w/a *reasoning/reality* standpoint each time we've talked.

And on that note. Is it typical for them to blame everyone but themelves? That seems to be his MO. Everything is everybody else's fault. Am I right in my inclination that is someone who isn't yet ready for *recovery*?

I have some real concerns because my parents (and I realize that's their decision, I can't change it) are funding a criminal defense atty on his behalf. My fear is that if he isn't *ready* for recovery for whatever reasons, he will likely return to the same .... and my parents will be several thousands of dollars poorer for having done so.
flower
child
80744
Re: Manufacturing / trafficking Meth - can police make this charge stick?
I agree with you on the last part about your parents being poorer for no good reason if he isnt ready to quit..Man i cant even count how many times i have seen this..even been guilty of it..My best friend went to jail repeatedly and we kept getting him out and he kept using,after swearing of course that he would stay clean and pay us back..he still owes me 1000 and another friend 4000..and is now in rehab instead of jail becouse he got a sympathetic judge after he left the last rehab and relapsed..my advice to you and your brother is pray they will let him get help instead of prison..IMHO i think thats what most addicts need,but it has to be wanted and long term or its just not going to help.after my own experiances with my friends I have come to the conclusion that bailing them out and paying to get them off is insane..and costly..and inaffective..Good luck..
25 years
but no
more
Re: Manufacturing / trafficking Meth - can police make this charge stick?
Quote:
They did get things like torches, beakers, test-tubes, various chemicals, a box of 200 ct. of those little baggies, weapons, video surveillance equipt....inside and outside the residence.....

 
Yep, they can make charges stick.,
Tender
heartsKS
Re: Manufacturing / trafficking Meth - can police make this charge stick?
Quote:
I have some real concerns because my parents (and I realize that's their decision, I can't change it) are funding a criminal defense atty on his behalf. My fear is that if he isn't *ready* for recovery for whatever reasons, he will likely return to the same .... and my parents will be several thousands of dollars poorer for having done so.
My parents posted $3000.00 bail for my oldest daughter when she was picked up on drug charges. They're out the money, and she's still using 3 years later. Everything bad that's ever happened in her life is everyone else's fault. She used to be a kind, caring, loving soul. Now she's hateful, vindictive, spiteful, and a compulsive liar. Same story, just a different player

See also:

Legal, Law Enforcement, Jail & Prison issues with Meth

Can Police LEGALLY do this?


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