Can I be convicted of manufacturing methamphetamine when they found no ephedrine or psuedo ephedrine on the premises?

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Can I be convicted of manufacturing methamphetamine when they found no ephedrine or psuedo ephedrine on the premises?

They found empty boxes and blister packs outside on the property and some empty bottles of drain cleaner and some other chemical. I am being charged based on the word of a police operative who also lived on the same property with her boyfriend. There was no manufacturing process going on. Can I be convicted? Do I need a criminal defense attorney? In Kitsap County, WA.

Asked on November 24, 2010 under Criminal Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You DEFINITELY need a criminal defense attorney--and do not speak to law enforcement or prosecutors (i.e. exercise your Constitutional right against self-incrimination, often called the right to silence) until you get and speak with your attorney. There are many kinds of evidence that can be introduced at trail: not just direct evidence (e.g. finding drugs) but also witness testimony and
"circumstantial evidence," such as evidence of the materials which would be used to make drugs. That's not to say that other evidence would be enough to convict--it depends upon how persuasive witnesses are, whether or not there are logical and believeable innocent explanations for the supplies or packaging, etc.--but it is enough to go to trial with and, if convincing to a jury, could result in a conviction.


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