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Contact Daniel Ambrose for fast answers to your criminal law questions. He can be reached at his office at (248) 624-5500, his cell phone (248) 808-3130 or by email at Daniel@ambroselawgroup.com
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| COCAINE/HEROINE - MANUFACTURE |
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What is Manufacture of Cocaine or Heroin? |
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Manufacture of Cocaine or Heroin is the production of either drug. The penalties are determined by how much Cocaine or Heroin was found.
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Penalties: |
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One kilogram or more: up to life in prison and/or $1,000,000
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450 grams to one kilogram: up to 30 years in prison and/or $500,000
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50 grams to 450 grams: up to 20 years in prison and/or $250,000
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Less than 50 grams: up to 20 years in prison and/or $25,000
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What Defenses Are There? |
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Mere Presence: |
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If the alleged perpetrator is only in the presence of the cocaine or heroin without having the right to use or control it, he might be innocent. For example, if a husband is producing crack cocaine in his basement laboratory, his wife might be innocent of a charge of manufacturing if she was not a part of the operation. |
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Lack of Knowledge: |
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If someone helps to produce either drug, but without knowledge of what he is doing, he might be innocent of this charge. For example, if a worker supplies a cocaine manufacturer with ingredients needed to produce crack cocaine, but doesn’t know that this is what the ingredients are going to be used for, the worker might be innocent. |
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Jury Instruction |
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The defendant is charged with the crime of illegally manufacturing [(state weight) of a mixture containing] a controlled substance, ______________. Manufacturing means producing or processing a controlled substance. It is alleged in this case that the defendant manufactured marijuana by [list specific acts]. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt: First, that the defendant manufactured a controlled substance. Second, that the substance manufactured was ______________. Third, that the defendant knew he was manufacturing _______________. Fourth, that the substance was in a mixture that weighed (state weight). Fifth, that the defendant was not legally authorized to manufacture this substance. |
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Related topics |
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