Washington Drug Crimes Attorney
Many people feel that drug use is the greatest threat to the integrity of American society. In response, the governments of the United States and Washington have declared a war on drugs. Both have enacted strict laws with severe penalties for drug offenses. Washington has enacted sentencing guidelines which provide for presumptive state prison sentences of 12 - 20 months for "Level II" manufacturing, delivering or possessing controlled substances offenses for persons with no prior criminal record. The penalties for other drug crimes vary depending on the quantity, the purpose of possession, the classification of the drug, weapon possession, and the criminal history of the defendant.
Most drug possession charges are felonies unless you possess less than 40 grams of marijuana or drug paraphernalia. Possession of less than 40 grams of marijuana and drug paraphernalia are misdemeanors, punishable up to 90 days in jail. Regardless, any drug conviction can mean jail/ prison time, loss of driving privileges, attendance at a drug treatment program, denial of admission to foreign countries, employment consequences, and a loss of federal student financial aid.
One of the primary questions to be asked in a misdemeanor or felony drug case is whether or not the initial search of the person, vehicle, residence, or building was a legal search. Did you know that many cases are dismissed on technicalities? If the search is found to be illegal, the "fruits of the search," or the evidence against you, is often deemed inadmissible, in which case the charges against you will be dismissed.
Whether you were advised of all your rights, the amount of the substance found, the subsequent handling of the substance, and whether others were present at the time are also important questions to be investigated. Furthermore, there are legal defenses to drug possession charges such as the “unwitting possession defense.” For example, you unwittingly possess drugs, if you borrow a friend’s jacket and are not aware of the narcotics inside the pocket. As you can see, fighting a criminal case can be very complicated.
Additionally, there are viable drug treatment sentencing alternatives that reduce or eliminate jail time if you have an addiction and desire treatment. Get advice from an experienced lawyer before you make any decisions or say anything to anyone. Do not try to talk your way out of anything. You can only talk your way into trouble. Do not make any deals with the police. Only the District Attorney has the authority to make deals which should be in writing.
Sentences for drug charges have become increasingly severe, which is why picking a qualified attorney is so important. Consultation with an experienced defense lawyer is an essential first step. Michael has handled hundreds of drug cases as a prosecutor and as a defense attorney. He knows how the criminal justice system works from both sides and the best defenses available for your case. He will take the time and effort to explain the “system” and to discuss all the options available to you.
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.
Contact Your Washington Criminal Defense Law Firm |
