Graham, WA Drug Possession + Distribution Lawyer

Drug possession and distribution charges are very serious in Washington, and being convicted could mean years in jail, even for a first offense. For help navigating the charges filed against you, understanding what they mean, and building a defense to beat them, turn to our lawyers.

Simple possession, possession with intent to deliver (PWID), and federal drug trafficking are common drug offenses in Washington. Exposing an illegal search or seizure of evidence, challenging the prosecution’s arguments of constructive possession, or showing you had a lack of intent to deliver controlled substances may help you overcome your charges and move forward.

For help with your case from our drug possession and distribution lawyers, call the Law Offices of Smith & White at (253) 203-1645.

What Are Common Drug Possession + Distribution Charges in Graham, WA?

Drug possession and distribution charges vary in Washington. In addition to state charges, there are federal charges you could face for cross-state drug trafficking.

Simple Possession

Possession or use of a small amount of a controlled substance without a valid prescription is charged as a gross misdemeanor in Washington. For a first offense, the maximum penalty is 180 days in jail and up to $1,000 in fines. For a second or subsequent conviction, the maximum sentence increases to 364 days in prison. While jail is possible, court-ordered treatment is most likely for first-time offenders.

Possession with Intent to Deliver

Manufacturing, delivering, or possessing a controlled substance with the intent to deliver it is also illegal in Washington. This is a more serious offense than simple possession, and is typically charged as a class B felony for Schedule I or II narcotic drugs and amphetamines. Possession of other substances may be charged as a class C felony.

Class B felonies carry a maximum penalty of 10 years in prison and a fine of up to $20,000 in Washington. Class C felonies are punishable by up to 5 years in prison, a fine of up to $10,000, or both.

Federal Drug Trafficking

Possession with intent to deliver becomes a federal offense when drug activities cross state lines. There are mandatory prison sentences for federal drug trafficking convictions, and federal prosecutors typically only bring these charges after building strong cases over time.

How Can You Defend Drug Possession + Distribution Charges in Graham, WA?

We can identify the right defense against drug possession and distribution charges in Washington after getting up to speed on the specifics of your case.

Illegal Search and Seizure

Possession and distribution charges arising from unlawful searches and seizures may be dismissed if the judge finds the evidence inadmissible. It doesn’t matter the amount of an illicit substance during an illegal search; it cannot be used to bring or prove charges against you.

Our drug possession and distribution lawyers can file a motion to suppress illegally obtained evidence. If the judge grants our motion, excluding the bulk of the prosecution’s evidence, the charges against you might be dropped.

Challenging Constructive Possession

Prosecutors in Washington can file PWID for constructive possession, not just actual possession. That means even if you did not have direct control over a substance, you could face the same possession charges as if you did, provided certain conditions are met. We can challenge this by arguing that you were unaware of their existence or lacked access to them.

Lack of Intent

The prosecution needs to prove that you had the intent to distribute or deliver illicit substances found in your possession. PWID charges are generally brought based on the amount of a substance. Still, a large amount doesn’t prove intent beyond a reasonable doubt.

Entrapment

Entrapment occurs when law enforcement induces or coerces someone to commit a crime they would not have committed without law enforcement’s persuasion, and it is a valid defense in some possession and distribution cases.

Drug Possession + Distribution FAQs

What Happens if You Are Arrested for Possession in a Drug-Free Zone?

If you are arrested for simple possession in a drug-free zone in Washington, such as a school, public park, or on a public transit vehicle, the maximum penalty for simple possession doubles. Instead of up to 180 days in jail, you could spend 360. And, instead of only $1,000 in fines, you could pay $2,000.

Is Jail Time Mandatory for Simple Possession in Washington?

Jail time is not mandatory after simple possession convictions in Washington. If this is your first offense, you may only have to pay a fine and participate in a sobriety program. Jail time is possible, however, even after the first offense.

Is Jail Time Mandatory for Possession with Intent to Deliver?

Possession with intent to deliver is typically charged as a class B felony, for which there is no mandatory minimum sentence after conviction in Washington. The judge decides on the consequences based on the factors at play and could sentence you to up to 10 years in prison for this offense, even if it is your first.

Are Charges the Same for Constructive and Actual Possession?

The charges defendants face for constructive possession and actual possession are the same in Washington.

Should You Accept a Plea Deal for Possession Charges in Washington?

Prosecutors often offer plea deals to defendants facing possession and distribution charges. Plea deals should benefit defendants in some way, so don’t agree to the deal and change your plea without letting our lawyers review the offer, including the change in charges.

Can You Vacate Possession and Distribution Convictions?

Convictions for simple possession of a controlled substance on or before February 25, 2021, are currently eligible to be vacated in Washington. Vacating a conviction reverses the conviction and dismisses the charge, so it is no longer part of your criminal record.

Call Us for Help with Possession and Distribution Charges in Washington

Get help from the drug possession and distribution lawyers of the Law Offices of Smith & White by calling us today at (253) 203-1645.