my boyfriend charged with manufacturing, but he didn't!

Cops got a warrent based on an anonymous informant writing a letter containing lies,to the police (revenge) and an arrest of some stranger who claimed they purchased drugs from my boyfriend. We know this was made up by the police because he never sold any drugs. He was an addict for a short time and then cleaned up his act. Anyway, he wasn't charged with dealing because no useable amount of heroin was found and no money was found. But a glass flask with some residue and some alchohol was found along with some dried poppies that were purchased at the flower shop and some literature on drugs and how heroin is made. The residue in the flask was from his attempt to clean the drug to make it safer for him to administer. The dried poppies (12 dried flowers) he had as a novelty item. He was interested in how heroin was made, but he didn't even have the chemicals needed to make heroin from dried poppies. They are accusing him of making the residue that was found in the flask from the dried poppies. But it would be physically impossible to make heroin with the common materials he. they took my painting chemicals like Turpentine and cleaning products as "evidence". He is facing a very serious felony if convicted for manufacturing. We know that it is impossible to manufacture heroin without a sophisticated lab and specific chemicals which he didn't have. We have a good lawyer who thinks there is a very small chance everything might be suppressed because the warrant should not have been issued on such a flimsy affidavit, but he has been offered a plea bargain of no jail time, 6 months in a sober living home with FIVE years probation if he pleads guilty to manufacturing. He doesn't want to plead guilty to something he didn't do and he thinks five years probation is too long because if god forbid he relapses or if a drug test during those five years comes back positive, he could face 7 years in jail. (he told me he would commit suicide if he had to do 7 years.) He is an educated, a good person and not someone you would think belongs in jail. To show his good intentions, he moved into a soberliving home 4 months ago, even though he hasn't officially accepted the plea bargain yet and isn't on probation yet. His next court date is Jan 29th, so please give advice ASAP. Should he fight this case, or is he bound to lose, or should he take the plea bargain and have a felony on his record for ever? Thanks,Anna

Sounds like your boyfriend was trying to clean impurities from black tar heroin. His other conduct may meet the elements of attempted manufacturing. Usually attempt is one lower class then actually committing the crime. The issue is was heroin actually manufactured or not, this can possibly be determined by an independent scientific analysis of the residue (were necessary precursors present?). You need a chemist licensed to test narcotic drugs. Even if you can beat the manufacturing charge you may have to worry about lesser included offenses such as attempted manufacturing, possession of drug paraphernalia and or possession of a narcotic drug if usable. The risks at trial may be too great, presently it looks like your boyfriend is guaranteed probation. I understand you are worried that your boyfriend will not complete probation. If your boyfriend goes to trial and loses he may go to prison. Perhaps if you get an expert opinion that indicates heroin was not manufactured the prosecutor will cut your boyfriend a deal to an undesignated felony, if this can not be done I suggest that you take your attorney's advice and hedge your bets before its too late. In addition in some jurisdictions when a probationer does good on probation he or she can be terminated early.

THIS IS JUST A SUGGESTION IF YOU WANT LEGAL ADVICE CONTACT A LAWYER FROM YOUR LOCALITY EXPERIENCED IN CRIMINAL DEFENSE

[Edited by Not Guilty on 01-05-2001 at 07:16 PM]