Federal Way Drug Possession + Distribution Lawyer
Drug charges are common, and some of the most frequent charges include possession and distribution. Whatever you are charged with, you need a lawyer who can help you develop an effective defense and fight to clear your name.
The prosecutor’s case against you hinges on the evidence. While we do not have to present any evidence of our own, we should still work to undermine the evidence against you. Remember, you do not have to prove you are innocent. You only must raise enough reasonable doubt about the charges to prevent a jury from finding you guilty.
Ask our drug possession and distribution lawyers for a private case evaluation by calling the Law Offices of Smith & White at (253) 203-1645.
How Do You Know if Evidence is Seized Illegally in Drug Possession or Distribution Cases?
Evidence must be obtained by law enforcement according to strict laws and procedures if prosecutors want to use it against you. If evidence is seized without a warrant, our drug possession and distribution lawyers may be able to have it excluded from the case.
No Warrant
A major red flag in the case is the lack of a search warrant. Generally, the police must obtain a search warrant from a judge before they can search your property for evidence. The warrant must also be based on sufficient probable cause to suggest evidence of a crime will be found at the location mentioned in the warrant.
Without a warrant, evidence may be deemed illegal and cannot be used against you, barring special circumstances.
No Warrant Exception
Under specific circumstances, the police may search and seize evidence without a warrant. For example, if you gave consent to the police to conduct a search or the evidence was found in plain view, and no search was necessary, the police may not need a warrant.
Even so, if the police seized evidence of drugs without a warrant, we must make them prove that special circumstances allowed the search. If they cannot prove such circumstances existed, the evidence should not be used against you.
The Warrant is Unclear
Even if the police had a search warrant when they seized evidence of drugs, the warrant might not be completely valid. Warrants must be specific about what the police are searching for and where they believe they will find it. If the warrant is overly vague, it may be invalid, and any evidence seized pursuant to the warrant may be excluded from the case.
Searches Outside the Terms of a Warrant
Search warrants must contain specific language about the location being searched. For example, if the police want to search your private residence, they must specifically state which areas of the property are to be searched.
If they fail to include a detached garage or shed in the warrant, they cannot search those areas even if they are allowed to search the rest of your home. If searches exceeded the terms of the warrant, evidence may be tainted and excludable.
Defense Strategies for Drug Possession and Distribution Cases in Federal Way
You may have multiple defense options to consider, and the best option will depend on the facts and evidence present in your case.
Challenge Constitutionality of Searches
As mentioned above, not every search is legal, and evidence that is seized in violation of your rights may be challenged and excluded. If the police did not have a search warrant, or we believe the warrant is somehow faulty, we should challenge the evidence.
Challenge Credibility of Informants
Many drug charges involve informants who provide information to the police about supposed criminal activity. Informants are often not police officers but regular people who might be close to the suspect.
Many informants face charges of their own, and authorities may show leniency if they act as informants. As such, any testimony provided by informants should be scrutinized and questioned. If the informant is untrustworthy, a jury may choose not to believe them.
Dispute Intent or Knowledge
Drug charges for possession require that a defendant be aware of the drugs to be convicted. If you did not know that the drugs existed because they belonged to someone else, you cannot have the intent needed to be convicted.
If you truly did not know about the drugs and believe someone you know may have put them in your home or vehicle, talk to your lawyer immediately.
Procedural Errors
The authorities must maintain evidence after it is seized so that it can be authenticated in court and relied upon by prosecutors. A big part of maintaining evidence is the chain of custody. Any time evidence changes hands for any reason, it must be documented so that the authorities always know where the evidence is, who has it, and why.
If there are gaps in the chain of custody, evidence can no longer be trusted, especially forensic evidence. Did the drugs go missing after being seized by the police? If so, we should move to exclude them from the case.
What to Do After Being Arrested for Drug Possession or Distribution
After being arrested for drug possession or distribution, you should stay quiet and call a lawyer who can help protect you from the authorities.
Stay Silent
When you are arrested, you may feel compelled to say something in your defense. Many defendants panic and end up saying way too much. Remember, anything you say can and will be used against you. Do not tell the police anything other than basic details they need to identify you.
You have a right to remain silent, and the police may not force you to answer questions about the alleged offense.
Demand a Lawyer
You have a right to a lawyer that no member of law enforcement can interfere with. Before the police question you about the alleged drug possession or distribution, they must inform you of your Miranda rights, which include a right to a lawyer.
Invoke your rights immediately, directly, and clearly. Even if you do not plan to answer any questions from law enforcement, invoke your right to a lawyer.
How Long Can the Police Detain You without Criminal Charges?
In Washington State, the police cannot detain someone for more than 72 hours without criminal charges. If you are held for longer with no charges, demand to call your lawyer immediately.
Is Drug Possession a Serious Crime?
Drug possession charges may vary based on the nature of the alleged offense and the Schedule of the drugs involved. Simple possession is generally considered a relatively low-level offense. However, Possession with the intent to distribute is often charged as a serious felony.
How Do the Authorities Prove Drug Distribution?
Distribution or delivery does not necessarily require the sale of drugs. Even giving them away may constitute delivery or distribution. The police often use informants, undercover buys, and cell phone data to prove drug distribution.
Ask Our Drug Possession and Distribution Attorneys in Federal Way for Help Today
Ask our drug possession and distribution lawyers for a private case evaluation by calling the Law Offices of Smith & White at (253) 203-1645.