Auburn Drug Possession + Distribution Lawyer
The authorities tend to crack down on drug crimes of any kind, including possession and distribution. While facing such charges can be intimidating and frightening, you have a right to defend yourself. Get a lawyer who can help you as soon as possible.
When we begin developing defense strategies, we should examine how evidence of the alleged drugs was seized. If the police did not have a warrant or follow strict legal procedures, the evidence may be inadmissible and should not be used against you. Even if the evidence is admissible in court, we can still undermine its credibility. If there is any reason that a jury should not trust the evidence, we must highlight that factor.
Ask our drug possession and distribution attorneys for a private legal assessment by calling the Law Offices of Smith & White at (253) 203-1645.
How Do the Police Conduct Searches for Drugs?
The police may not enter your property whenever they want to search for evidence of drugs. Generally, they need a warrant or a valid exception to the warrant rule. If neither is present, we should vigorously challenge the evidence.
Pat Down Searches
Pat-downs or stop-and-frisks are legal and do not require a warrant. The police may briefly detain a person and pat down their outer clothing to search for a weapon only if the police have reasonable suspicion that a suspect is involved in a crime and may be armed.
The police sometimes find controlled substances during pat downs. However, if the police lacked reasonable suspicion necessary to search, any evidence they seized pursuant to the unlawful search may be inadmissible.
Vehicle Searches
In Washington State, vehicle searches almost always require a search warrant, according to Article 1 Section 7 of the Washington State Constitution. However, warrants are not required if…
- You consent to the search,
- The police have reasonable suspicion you are armed,
- Drugs are in plain view of the officer,
- Exigent or emergency circumstances exist, or
- The search is conducted as part of a legally compliant impoundment and inventory process.
If none of these circumstances existed when the police searched your car, our drug possession and distribution lawyers should challenge any evidence they seized.
Searching Your Home
Your privacy rights are greatest when it comes to your home. The police typically cannot search your home without a search warrant, barring very special conditions. In most cases, exceptions to the warrant rule do not exist, and the police must get a warrant to search your home.
Challenging Evidence of Drug Distribution in Auburn
Prosecutors do not file charges unless they have evidence, and it is our job to review that evidence, identify flaws, and challenge the evidence.
Unreliable Witnesses
Many drug possession and distribution cases are based on witness testimony. The police may talk to people they believe bought drugs from you or others involved in the local trade. In some cases, the police rely on informants who secretly provide details about other suspects.
Many witnesses are unreliable for various reasons. Informants often tell the police what they want to hear, regardless of the truth, because they are facing their own legal trouble and want to save themselves. We should highlight any reasons a witness should not be trusted.
No Evidence of Drugs
When bringing drug charges, prosecutors almost always need evidence of the drugs. Various other evidence may exist, such as drug paraphernalia, but evidence of the drugs themselves is often necessary for a conviction.
If the police did not obtain evidence of the drugs, or we can have such evidence excluded, the case against you may quickly fall apart.
Entrapment
While entrapment sometimes happens, it is a difficult argument to make. Entrapment occurs when the police arrest someone for committing a crime that the police themselves induced the defendant into committing.
Did a police officer induce you to sell them drugs as part of an undercover drug buy? If so, you may have an entrapment argument. We need evidence that you initially refused to participate or were an unwilling participant. Many people who claim entrapment argue that they were acting under duress from the police.
Fighting Drug Possession Charges
Possession charges require prosecutors to prove specific elements. If we can undermine these elements, we can fight your charges.
Lack of Knowledge or Intent
Possession requires awareness of the drugs. The fact that drugs might have been found inside your home or vehicle is not enough to prove possession. The prosecutor must prove you knew about the drugs. If we can prove that you did not know about the drugs because they belonged to someone else, we can fight the charges.
Lack of Control Over the Drugs
Along with awareness and intent, prosecutors must prove that the drugs were in a location where you had control over them. Actual control typically involves drugs found on your person. Constructive control may involve drugs in some other location you control, like your vehicle or desk at work.
If you have no control over what happens to the drugs, prosecutors may be unable to prove possession. For example, drugs kept locked in a safe in a roommate’s closet may be beyond your control even though the drugs are technically inside your home.
Can the Police Seize Evidence of Drugs Without a Search Warrant?
Generally, the police need a warrant to search your property and seize evidence, but exceptions to this rule may allow for warrantless searches. If the police did not have a warrant when they searched your home, we should make them prove an exception existed. If they cannot prove anything, we should challenge the evidence.
Is Drug Possession a Serious Crime?
All drug crimes are very serious, but charges and penalties tend to vary. For example, you may be charged with a gross misdemeanor for simple possession or a felony for possession with the intent to deliver or distribute.
Can You Be Charged with Drug Possession for Having Cannabis?
While you can be charged with drug crimes related to cannabis, laws have changed regarding how much cannabis a person can possess. The exact amount you can legally possess depends on the form of the cannabis. For example, you can legally have 1 ounce of usable cannabis or 16 ounces of a cannabis-infused product in solid form.
How Do You Contact a Lawyer After Being Arrested for Drug Possession or Distribution?
You have a right to a lawyer, and you must demand to call one immediately after you are arrested. If you do not directly demand an opportunity to call a lawyer, you will not get one.
You may need to go through the booking process first, but the police must allow you to call a lawyer if you demand one, especially if they are going to question you about the alleged offense.
Contact Our Drug Possession and Distribution Attorneys in Auburn for Help
Ask our drug possession and distribution attorneys for a private legal assessment by calling the Law Offices of Smith & White at (253) 203-1645.