Washington Drug Crimes Attorney
Most people are not aware of the negative consequences of a misdemeanor or felony drug conviction. It can impact the following:
- current or future employment opportunities
- the ability to qualify for student financial aid, financial loans
- housing assistance, leasing applications
- denial of admission to foreign countries
Many companies require criminal background checks which are readily attained through the internet and available on state and national databases. For ten dollars you can search for a Washington state conviction on the Washington State Patrol website at https://watch.wsp.wa.gov/. A conviction could prohibit viable future employment opportunities. Additionally, a drug conviction can mean jail time, fines, and entry into a court ordered drug treatment program.
You can be charged with a misdemeanor or a felony criminal offense if drugs are found on or near you. A jail sentence can be one day if convicted of possessing less than 40 grams of marijuana or 5 years or more for manufacturing methamphetamines. The length of a jail sentence depends on the following:
- the type and classification of the narcotics
- prior felony or drug convictions
- the amount of drugs found
- any evidence of distribution, selling, or manufacturing
- location of the drugs; near a school zone or public park, etc
- possession of firearms in addition to the drugs
An individual can be charged with illegally possessing drugs if narcotics are found on their person or near them. Persons can be charged with “constructively” possessing drugs if there is evidence they exercised dominion and control over the drugs, or the place where the drugs were found. For example, all four passengers in a vehicle can be charged even if drugs are found under the driver’s seat and they were not aware of the location of the drugs. It is important to understand and assert all available defenses in a possession case.
One of the primary questions to be asked in a drug case is whether or not the initial search of the person, vehicle, residence, or building was a legal search. Was the individual unlawfully seized? Did the police have a right to search a particular location? In fact, a recent United States Supreme Court decision significantly limited vehicle searches after an arrest. Arizona v. Gant, 129 S.Ct. 1710 (2009). There are hundreds of other cases interpreting and defining the scope of a valid search under the Washington State constitution. The law is constantly evolving and it’s important to retain an attorney who is up to date.
Additional issues include whether you were advised of your Miranda rights, the amount of the substance found, the chain of custody and subsequent handling of the substance, and whether others were present at the time of the arrest. Furthermore, there are legal defenses to drug possession charges such as the “unwitting possession defense.” This would be asserted if a person was not aware they possessed drugs. For example, you unwittingly possess drugs if you borrow a friend’s jacket without knowing the substance was stuffed in the crevices of the pocket.
You should consult with an experienced defense lawyer to explore your options. Michael knows the best defenses available for your case and he will take the time and effort to explain them.
Disclaimer: this information is not intended as legal advice and is provided for illustrative purposes only. Please contact an attorney before making assumptions about your case.
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