Operation of a Drug Factory
Most top Stamford criminal defense attorneys who regularly defend drug and narcotics case allegations will agree that frequently Connecticut Police will add the charges of “possession with intent to sell” or “operation of a drug factory” in cases in which clients have been caught with small amounts of drugs, or in some cases just drug paraphernalia, often in motor vehicle stops. These two charges are felony level offenses and carry significant consequences. Obviously, they turn what would have been a minor drug possession allegation into a much more serious case. If you have been charged with possession with intent to sell or operation of a drug factory under these circumstances there are strong defenses to these allegations. Contact an experienced Stamford criminal defense lawyer today to review your case and protect your rights.The Statutory Citation for Operation of a Drug Factory – 21a-277(c)
Connecticut criminal defense lawyers will agree that “operation of a drug factory” is cited in C.G.S.A. Section 21a-277(c). That statue is one which references the possession of drug paraphernalia. The possession of drug paraphernalia is a crime which is a misdemeanor or infraction level offense. See, C. G.S.A. Section 21a-267(a). Relatively speaking this is a much more minor offense.
Pursuant to C.G.S.A. Section 21a-277(c), the drug factory enhancement is applicable to the possession of paraphernalia where you possess such paraphernalia in a “drug factory setting” for the “mixing, compounding or preparing of any controlled substance.” Thus we can see that you could be charged with the “operation of a drug factory” without having any drugs on hand. The charge can be based upon the possession of equipment, packaging and paraphernalia alone. Pursuant to the definition section of the statute which is section 20 of C.G.S.A. Section 21a-240 “Factory” means a “place” which is used to manufacture, mix, compound, process, pack, distribute, or store controlled substances OR any building , rooms or location which “equipment or paraphernalia used for this purpose” If you have been charged with operation of a drug factory you should immediately contact a Stamford criminal defense attorney. Do NOT make any statements to Police without the presence and counsel of a Stamford drug and narcotics crimes attorney.Police Charging Casual Users Who Do Not Sell Drugs Caught with Small Quantities of Drugs with “Operating a Drug Factory”
Many of the best Stamford criminal defense lawyers are seeing drug users who are purchasing small quantities of marijuana or narcotics for personal consumption who are being charged with operation of a drug factory because they happen to have a small scale which they use to verify the quantity of the drugs they purchase and possibly some plastic bags which they may use to separate their drugs into more manageable sized packages to carry with them. Also, in some cases clients may have their small “stash” separated in two or three individual bags. Obviously, these individuals are not operating a “drug factory.” However, bending all logical and rational meaning of the language of the statute the Police are still very frequently adding the charge of “operation of a drug factory.” If this has happened to you we are here to defend you. You may mistakenly assume that due to the small amount of drugs, paraphernalia or packaging material that you had on your possession that this is a minor offense and not very serious. However, the upcharge of the “operation of a drug factory” is a serious felony which can expose you to several years in jail and probation. If you have been arrested for “operation of a drug factory” you should immediately contact a top Stamford criminal defense attorney to review your defense options.The Casual Drug User Who Starts Making a Few Sales to Support Their Addiction
Many Stamford drug crime defense lawyers see many clients who are drug dependent and who are driven by the need to fuel their addiction to start selling drugs who are just trying to make some funds to support their addiction. In these cases there may be some truth to the allegations that there were circumstances which taken as a whole indicted that the accused did indeed have an intention to distribute or compound narcotics. It may be still a stretch to allege that these individuals are indeed operating a “drug factory” as opposed to just using commonly obtained materials to manage their own drug supplies. In those cases, we would seek to establish that the client is indeed a drug dependent individual and work to get them engaged in drug treatment programs immediately while the case is pending. In many situations, we can convince the State to lower the charges down to the lesser misdemeanor possession level crimes or even get the client approved for a drug education program which would lead to the dismissal of the charges completely. If you fall into this category you should contact a Stamford criminal defense attorney for a free consultation to review the specific facts of your case and let us develop a defense strategy to resolve the charges against you.Drug Dealers Who Are Alleged to Have Been Selling Drugs and Also Charged with Operating a Drug Factory
In other cases we represent clients who are quite simply dealing narcotics and apprehended with a huge quantity of drugs and equipment. Over the years we have represented some individuals who have been apprehended with extremely large quantities of narcotics. In these situations we first look to defend the clients based upon attacking defects in the State’s case and attempting to suppress evidence. Every detail in the Police reports and supporting witness statements must be gone over with a fine tooth comb to spot any errors or inconsistencies which can form a foundation for a defense. In order to obtain the best result possible in these serious cases the defense strategy must tailored to the facts of the individual case. If you have been apprehended or are under investigation for operation of a large scale drug operation you should contact us immediately for a free initial consultation to review the facts of your individual case so we can review all the options available to defend your case and obtain the best possible outcome. It is imperative to NOT make any statements of any kind to Police regarding your case other than providing your name and address. Contact a Stamford criminal defense attorney before you answer any questions. Call us today to review the facts of your arrest.The Legislature’s Actions to Decriminalize the Possession of Small Amounts of Marijuana and Lower the Penalty for Possession of Narcotics
It seems that ever since the Connecticut State Legislature has taken steps to decriminalize the possession of marijuana and significantly reduce the penalties for possession of narcotics and controlled substances such as cocaine, crack and heroin (lowering them down from felony level offenses with lengthy jail time exposure to misdemeanor level offenses) that our local Police Departments have resisted these measures by up charging many people caught in possession of small quantities of drugs and drug paraphernalia with the crimes of “possession with intent to sell” and “operation of a drug factory.”The Connecticut Legislature’s Steps to Lower Penalties for Possession of Drugs A. Decriminalization of Small Amounts of Marijuana
In what most Stamford criminal defense lawyers would agree was a dramatic shift in policy in 2011the Legislature passed a law decriminalizing the possession of small amounts of marijuana. This offense used to be a misdemeanor and now it is a noncriminal infraction. (On a separate note which is really off the topic of drug factory – this is a double edged sword because pleading guilty to this infraction would leave you with a permanent record of the violation of the infraction. Since this will have an unknown effect on future background checks and effects on future employment prospects and job searches most top Stamford criminal defense lawyers will advise you to plead guilty and mail in that summons for the infraction of C.G.S. A. Section 21a-279a Possession of less than one half ounce of marijuana). The best course of action is to consult with an experienced Stamford drug crimes defense attorney and review your options for fighting the charge and trying to avoid picking up a record for possession of drugs. (Even if it is only an infraction level record).B. Lowering of Penalty for Mere Possession of Cocaine, Crack and Heroin
In 2015 Connecticut went from one of the most severe and draconian States with respect to drug laws in the United States to a much more liberal policy with the passage of a new drug law aimed at reducing the prison population and saving millions of dollars in prison costs. Under the previous laws the possession of even small quantities of narcotics such as crack, cocaine, and heroin was a felony punishable by up to 7 years in prison for a first offense. Those caught within 1500 of a school zone faced mandatory minimum time in jail of two years.
The new law makes mere possession of these narcotics and other controlled substances only a misdemeanor punishable only by up to one year in jail. Furthermore, the statute encourages the Court to send repeat offenders for treatment in substance abuse programs in lieu of incarceration.
Obviously, while this is huge move in the right direction, if you are charged with simple possession of narcotics or a controlled substance you should retain the services of an experienced Stamford drug and narcotics defense lawyer in order to get the best possible resolution possible to your charges. In many cases there can be opportunities to have the charges dismissed or reduced.
The ironic aspect of all of this action and movement by the legislature towards decriminalizing drug possession the Police departments seem to have resisted this trend by adding charges such as operation of a drug factory and possession with intent to sell in situations in which there really externally appears to be no rational objective basis upon which to support the allegations that a “drug factory” was in operation. Obviously the penalties for these charges are very serve and the consequences of a conviction can have a profound and lasting impact upon your life. If you have been “up charged” by the police with a “drug factory” allegation it’s time to get an experienced Stamford drug and narcotics crimes defense attorney fighting on your side.Defending “Drug Factory” Allegations
The statutes are very complex and fitting the facts of any particular case within the definition of a particular statute requires a detailed case analysis. While the Police departments and narcotics investigators seem to be as determined as ever to charge accused drug possessors as heavily as possible the Courts can be convinced to lower the charges and often allow defendants into drug education programs which lead to the dismissal of all charges.
Top Stamford criminal defense lawyers would agree that every drug factory allegation is unique. You must take every drug factory allegation seriously no matter how trivial the factual basis may seem as it is a felony allegation. While most of the time when we see this charge alleged the circumstances do not amount to what a reasonable jury would consider the “operation of a drug factory”, however in some circumstances the accused was really in operation of an actual drug factory. This is why the defense of these types of allegations is fact driven and depends greatly on the specific facts of your arrest and also the details of your background and your addiction. In these cases there are many details which go into organizing a winning defense strategy. Every defense of a drug factory case should begin with a free initial case evaluation / consultation with a criminal defense attorney serving Stamford. In this meeting we can carefully review each and every detail concerning the facts of your case and devise a specific strategy to achieve a favorable resolution of your charges. I understand the anxiety and uncertainly that you face when dealing with the criminal justice system. When you do not know what your future holds or how long will take to get your case resolved it can be a very stressful situation. During our detailed initial case evaluation I can begin to answer some of your questions about the process you are facing and we can start to draw a conclusion to your legal nightmare.
Some of the factors which we examine in your case which can have a significant impact on the outcome of the defense are:
- Detailed factual timeline of the arrest, were your rights respected?
- Did Police read you your rights before questioning?
- Details concerning any witness that may have been with you or at the arrest scene.
- Any past involvement with the criminal justice system or prior convictions?
- Prior use of any diversionary programs?
- Are you currently on probation?
- Type of drugs, paraphernalia, packaging, location found and quantity
- Can we make a claim that you are drug dependent?
- Are you willing to participate in drug treatment programs?
- Immigration status. Undocumented aliens are facing additional exposure due to the Trump administration’s crack down on immigrants with criminal convictions.
By carefully examining both the facts of the case itself and by going over your background then we can be in a position to ascertain which would be the most effective defenses available to fight your case and achieve the best possible result.
The good news for those alleged to have operated a “drug factory” is that there are a variety of different techniques which an experienced Stamford criminal defense lawyer can utilize to resolve the case to your satisfaction. I approach drug cases with a very aggressive, through and detail orientated defense posture. Some of the more frequently employed defenses against “drug factory” allegations include:
- File motions to suppress any evidence or statements made in violation of your Constitutional rights in the event that proper procedures were not followed by Police when making the arrest and if evidence was obtained as a result of an unlawful stop or seizure.
- You were issued a prescription from a medical doctor for the drugs which were the subject of the arrest.
- You had no intention to sell drugs or process drugs for sale and any drugs or paraphernalia you possessed was for personal use only.
- If the drugs or paraphernalia were seized in a home or vehicle which was occupied by multiple occupants that you had no knowledge of the presence of any paraphernalia or drugs.
- You are drug dependent.
- Negotiate with the State’s Attorney to lower the charge to mere possession of drug paraphernalia (a misdemeanor) so that you can be eligible for the drug education program which would lead to a dismissal of the charges.
- Go over the weight of the drugs as claimed by the Police and check any testing methods used.
- In “drug factory” allegations it is often the case that simply because the Police charged you with the crime does not mean that the State has sufficient evidence to prove each and every element of the crime of “operating a drug factory” beyond a reasonable doubt at trial.
Contact a Stamford Criminal Defense Attorney Today!Let Us Fight Your Operating a Drug Factory Case!
We also offer you a free initial case consultation. We have 25 years of experience defending drug crimes allegations throughout the State of Connecticut. Having an experienced drug and narcotics crimes attorney fighting on your side can give you the best possible opportunity to have your drug factory case dismissed or reduced down to a lesser charge.
If you have been arrested for operation of a drug factory of any drug crime in Bridgeport, Norwalk, Fairfield, Stamford, New Canaan , Greenwich, Darien, Wilton , Cos Cob, Westport, Weston, and throughout the County of Fairfield do not hesitate to contact the Law Offices of Allan F. Friedman. Our rates are reasonable and we offer payments plans as needed. Call Attorney Friedman at 203.515.4110 to schedule your free initial consultation we are available 24/7. Or you can contact us online for a prompt response.