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Methamphetamine manufacturing is a serious offense in any jurisdiction. The practice results in a product which kills often and maims users it does not kill. Meth labs are also incredibly volatile and can explode at any time. After decades of dealing with the dangerous epidemic, New York has developed a number of harsh laws to combat this problem. These laws reach past simply having meth or a meth lab and down to all of the various components that enter into the manufacturing process. One of these forbidden practices is criminal possession of methamphetamine manufacturing material in second degree.
According to 220.7 Criminal possession of methamphetamine manufacturing material in second degree, this practice involves owning a precursor, solvent, or reagent with the intent to use that process to manufacture, produce, or prepare methamphetamine. These are the three main types of substances that are combined in home meth labs to produce the deadly drug. None of these substances have to be particularly complicated. For instance, Sudafed is a common household medication for nasal congestion. Sudafed can also be used as part of the meth manufacturing process. It is not illegal, of course, to simply own Sudafed. But there must be evidence available that proves one is using Sudafed for illicit means. This proof could include having two or three particular reagents/solvents or having massive quantities of these particular substances.
Meth cases are much less cut-and-dry than they seem. Arresting officers still have to follow many guidelines and prove their case. For instance, the heart of this particular misdemeanor law has to do with intent. Simply owning many of the possible reagents and solvents that could apply here would not be illegal. Anybody over the age of 18 can legally own one pack of Sudafed, for instance. It is the question of intent which must be proven, and that intent involves the intent to spend thousands of dollars and threaten a person’s life to manufacture meth. This proof is a tall order that not all prosecutors will be able to accomplish. Defense attorneys can poke holes in any theory involving intent, and they can instill enough doubt to win an acquittal. There is also the question of evidence. Evidence must be properly maintained and ascertained. All search warrants must be conducted strictly according to the law. If not, a defense attorney can move for evidence to be stricken, and since this case is so clearly based on evidence surrounding these substances, the case may be dismissed if there are any problems with evidence. Even if a conviction does seem imminent, defense attorneys can push for plea bargains which may allow a defendant to serve a fraction of the time or pay a fraction of the fine that they otherwise would have had to. A competent, private defense attorney will be able to monitor the process and provide an adequate defense in all of these areas.
A conviction for this meth manufacturing charge may be a misdemeanor, but it is still a serious offense. The charge could result in jail time, a massive fine, and a criminal record that could hamper your ability to buy a house or car. Therefore, if charged with this crime, you should consult an attorney as soon as possible. Attorneys will help you maintain a robust legal defense and will ensure that you receive fair treatment from the legal system. Taking those steps is necessary if you have any hope of having your sentence reduced at all.
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