Legal Question in Criminal Law in Florida

Can you get arrested for manufacture of a controlled substance, without actually having made a controlled substance?

I was pulled over by a police officer, and he searched my car. He found that I had many materials needed to cook meth. However, I did not have a generator, or Sudafed, which are essential to making meth. I was arrested and charged for manufacture with a controlled substance, even though I did not have the materials necessary to cook meth, and I didnt cook meth in the first place. All of the materials/instruments were brand new, and had no residue on them whatsoever. They were not even used in cooking meth. Can I get charged for manufacture, if I didnt even manufacture anything? This was the only charge that I got... I didnt get intent to manufacture, or anything like that. Is there an legal precedence that I could use to get out of this? Or can I be charged with this at all?


Asked on 7/08/11, 9:18 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Can you get arrested, yes. However, I think the prosecution may have a tough time convicting. YOu really need to talk to an attorney right away about fighting this since they can file the proper motions to dismiss or suppress. Sit down with the attorney and go in detail and discuss your options with them.

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Answered on 7/08/11, 12:08 pm


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