Results 1 to 10 of 11

Hybrid View

  1. #1
    Join Date
    Nov 2012
    Posts
    6

    Default Meth Manufacturing and Possession

    My question involves criminal law for the state of: IL
    I have a friend who has a psychiatric disorder and has been involuntarily hospitalized several times. She is in the middle of a bipolar episode currently and got stopped for a traffic violation. They found a jar they called a shake and bake meth lab and charged her with participation in meth manufacturing instead of possession. I have a few questions: Why meth manufacturing instead of possession? What would a likely plea deal be? and does the fact that she has documented mental illness factor into the sentence? I am trying to get a feel for the trouble she might be in because in her condition she would not do well in prison.

  2. #2
    Join Date
    Jul 2012
    Posts
    479

    Default Re: Confused on Charges

    "Why meth manufacturing instead of possession?"

    Seems fairly clear to me, given what you describe.

    "What would a likely plea deal be?"

    You can't expect strangers to know the answer to this simply based on what you've posted.

    "... and does the fact that she has documented mental illness factor into the sentence?"

    Her defense attorney is certainly free to raise that topic.

  3. #3
    Join Date
    Nov 2012
    Posts
    6

    Default Re: Confused on Charges

    I could have done without that reply. It was clearly meant not to help, but to make me look ignorant. I am an expert on the mental health topic, as I have researched for 20 years in an atttempt to help this person, but yes I will admit I am ignorant when it comes to drugs and that is why I was seeking advice. I would think a little residue in an empty jar would constitute possession, and not manufacture, but my mistake. I also thought perhaps there was a rule of thumb prosecutors used to plea bargin such cases when they were dealing with documented mentally ill offenders. If anyone has any experience to pass along that might educated me in an attempt to help my friend it would be appreciated.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Confused on Charges

    Quote Quoting rivergirl
    View Post
    I could have done without that reply. It was clearly meant not to help, but to make me look ignorant. I am an expert on the mental health topic, as I have researched for 20 years in an atttempt to help this person, but yes I will admit I am ignorant when it comes to drugs and that is why I was seeking advice. I would think a little residue in an empty jar would constitute possession, and not manufacture, but my mistake. I also thought perhaps there was a rule of thumb prosecutors used to plea bargin such cases when they were dealing with documented mentally ill offenders. If anyone has any experience to pass along that might educated me in an attempt to help my friend it would be appreciated.
    You did not mention the bolded in your first post. There is a difference between a little residue in an otherwise empty jar, rather than an active shake and bake (as you put it) going on in the jar.

    However, you also need to realize that meth is extremely bad news and the police and DA take it very seriously. If your friend is involved at all with meth then her problems are much greater than you realize.

  5. #5
    Join Date
    Nov 2012
    Posts
    6

    Default Re: Confused on Charges

    No, I realize her problems that is why I am seeking advice. The cop showed me an empty cup and called it a shake and bake meth lab, that is all I know. I called it what he called it, I did not say active. And I know the charges for meth. My question here was geared toward the fact that she is BIPOLAR and would not even pass an evaluation at the moment. I thought maybe someone had some valuable experience or advice to pass along. Mental Illness is no joke, either. With all due respect, her problems are much greater than you realize. Her behavior is a symptom of her illness, and I know this has to be fairly common situation. Once again, helpful advice would be great.

  6. #6
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Confused on Charges

    The portable meth lab is not for personal possession. It is used to MFG/DEL. If she can cook meth, she's going to have a hell of a time trying to convince a court or jury that she is too incapacitated to be tried. SHe may be offered a plea, but from the limited info provided, there is absolutely no reason to do so. If you know exactly what ILCS she was charged under, that may help more. Again, the Illinois prisoons are full of inmates with well documented mental health issues, so that pointis the weakest.

  7. #7
    Join Date
    Nov 2012
    Posts
    6

    Default Re: Confused on Charges

    It was actually found in the bed of her truck with a bunch of other junk, some of which was hers and some wasn't. She says it was thrown in by someone and she didn't know it was there, I don't know if that is true or not but it is irrelavent because they won't believe her anyway. But my point is I don't know that she IS capable of making it, I would presume knowing the circumstances that she probably bought it. Many years ago she was arrested for contolled substance during an episode and found unfit to stand trial and involuntarily hospitalized for 5 months, after which charges where dropped. I understand most of the country is uneducated on mental illness and the fact that most drug users have one, although most not as severe as my friends. But in my experience in the previous case, some prosecuters do have some logic and will try to help someone so seriously ill. I just thought someone may have had experience with this charge since it was more severe. And this is off topic....but the fact that the IL prisons are full of mentally ill people (if non voilent offenders) makes me ashamed of the state I live in.

  8. #8

    Default Re: Meth Manufacturing and Possession

    Quote Quoting rivergirl
    View Post
    Why meth manufacturing instead of possession?
    Because the whole idea behind the "shake n bake" is that the individual ingredients are not a cohesive product until the user completes the manufacturing process. Think of it as buying a table - the manufacturer cuts down the tree, cures the wood, presses and carves it, and boxes it up for the customer. When the box gets to the customer's house, the customer removes the table from the box, grabs a screwdriver and attaches the legs as the last step. Shake n bake is the same thing. It doesn't becomes a final illegal product until the last step is completed. For the meth customer, it makes for a more stable product, but at the risk of the upped charge of manufacturing and not just simple possession.


    [quote]What would a likely plea deal be?[quote]

    Depends on the mood of the prosecutor that day, as well as what alternatives might be available in her particular community. Communities with lots of programs give the prosecutor more choices about what to offer, IF they wish to push for treatment rather than incarceration.


    and does the fact that she has documented mental illness factor into the sentence?
    It could come into play as the court determines whether she's fit for trial, or if another involuntary committment is in order, or if trial will follow treatment, or she'll be sent to treatment with charges dropped, or some combination thereof. But if the court finds her fit to stand trial, she needs to be prepared to face the same sentence as anyone else, which will be based on large part on her criminal history, rather than her mental health history.

    I am trying to get a feel for the trouble she might be in because in her condition she would not do well in prison.
    Depends on her overall criminal history. If this is a first time drug offense, most courts favor treatment to incarceration (assuming she might be able to plead down to possession if she's lucky with a good attorney). If she's got prior drug offenses, then realistically she's going to face prison. She might not do well there, but at least she won't have (much) access to meth, which isn't an approved treatment for ANY psychiatric disorder. Every state and every facility has different levels of resources available, some are excellent well-rounded programs, some are window dressing, most are somewhere in between. But until the drug issue is solved, even if by the method of locking her up, the other issue can't be successfully treated or managed either.

  9. #9
    Join Date
    Nov 2012
    Posts
    6

    Default Re: Meth Manufacturing and Possession

    Thank you AARDVARC, that was very helpful. And I agree that being incarcerated and away from drugs may not be a terrible thing. However, drug use is a symptom of her illness. Her illness is not a symptom of her drug use.
    So without mental health treatment her drug problem will never resolve. During long stretches of stability (years at a time) she never goes near drugs. However when she has a manic episode she quickly develops a symptom called anosognosia (complete lack of insight) and she is very treatment resistant. I believe all previous charges have always been dropped for this reason. I know she has no felonies, so maybe the states attorney will be cooperative. If she were to be treated as a "regular" person what kind of prison time are we looking at for participation in the manufacture of meth. Obviously no plea deal has been offered as of yet.

    1. Sponsored Links
       

Similar Threads

  1. Drug Manufacture / Cultivation: Possession of Firearm and Manufacturing Marijuana
    By berry8690 in forum Criminal Charges
    Replies: 6
    Last Post: 03-15-2011, 08:02 AM
  2. Drug Manufacture / Cultivation: Possession/Distribution/Manufacturing Charges New Jersey
    By Paterson in forum Criminal Charges
    Replies: 3
    Last Post: 03-22-2010, 01:43 AM
  3. Drug Manufacture / Cultivation: Manufacturing/Delivery and Possession
    By Racenut175 in forum Criminal Charges
    Replies: 1
    Last Post: 10-27-2008, 07:21 AM
  4. Drug Possession: What is the Penalty for Possession of Meth
    By oneinmind in forum Criminal Charges
    Replies: 1
    Last Post: 01-31-2008, 10:26 AM
  5. Drug Possession: Possession of a Meth Pipe
    By skuhl in forum Criminal Charges
    Replies: 4
    Last Post: 11-29-2007, 02:41 PM
 
 
Sponsored Links

Legal Help, Information and Resources