Lakewood Drug Possession + Distribution Lawyer

Some of the most frequently charged criminal offenses involve drugs, and many drug crimes are non-violent. Even so, penalties for crimes like possession and distribution can be very harsh, and you should contact a defense lawyer for help immediately.

Charges for the illegal possession of controlled substances may take many different forms. Simple possession involves merely having drugs on your person or in a place where you have control. Possession with the intent to distribute is far more serious, and generally requires greater evidence of the defendant’s supposed intent. These charges often hinge on evidence of the drugs. If we can challenge or undermine the credibility of this evidence, you may be able to fight the charges.

Get a private legal evaluation by calling our drug possession and distribution lawyers at the Law Offices of Smith & White at (253) 203-1645.

Fighting Drug Possession Charges in Lakewood

The crime of illegal possession is broad and may encompass several different charges. Most commonly, defendants are charged with simple possession and possession with the intent to deliver or distribute.

Simple Possession

Simple possession is a somewhat low-level offense that involves merely having drugs on your person or otherwise under your control. This offense often involves relatively small amounts of controlled substances.

The key to simple possession is that a defendant must knowingly have the drugs under their control for prosecutors to secure a conviction. If the drugs belonged to someone else and you had no idea they existed, you may fight the charges.

Possession with the Intent to Deliver or Distribute

Possession of drugs with the intent to deliver or distribute is more serious, as it relates to dealing drugs and the larger drug market. While these charges often involve greater quantities of controlled substances, this factor alone is not enough to secure a conviction.

The authorities often determine charges based on the totality of the circumstances. If a defendant is found with drugs along with various paraphernalia commonly used in the drug trade (e.g., baggies for packaging, scales, large amounts of cash), the charges are more likely to stick. The less evidence the police can seize to support these charges, the stronger your defense may be.

Cannabis Possession

Cannabis or marijuana is one of the most widely used recreational controlled substances, and many states have passed laws that decriminalize it or adjust how cannabis-related crimes are charged.

In Washington State, a person aged 21 or older may legally possess cannabis or cannabis products if they do not exceed specific amounts. You may lawfully possess

• 1 ounce of useable cannabis
• 16 ounces of a cannabis-infused product in solid form
• 72 ounces of a cannabis-infused product in liquid form
• 200 milligrams of THC within one individually packaged liquid cannabis product
• 7 grams of cannabis concentrate

Challenging Charges for Drug Distribution

Drug distribution involves delivering drugs to others. While this often involves the sale of controlled substances, money need not be involved. Even giving drugs away constitutes delivery.

Challenging Alleged Drug Schedules

Many drug charges are based on the Schedule of the controlled substances. More serious Schedules, including Schedules I and II, tend to involve harsher charges and penalties.

In some cases, the authorities incorrectly charge defendants because they misidentify controlled substances. The authorities might claim a defendant distributed Schedule I controlled substances when they were really something far less severe. We may demand additional chemical testing of alleged drugs to confirm their identity and Schedule.

Illegally Seized Evidence

Most drug cases involve evidence of controlled substances. However, not all evidence is seized according to the law. If the police lacked a searched warrant, and they cannot prove that a valid exception to the warrant rule existed, evidence of the drugs may be illegal. Such evidence can be excluded from the case and, if there is no evidence of the drugs, the case may quickly fall apart.

Insufficient Evidence

Prosecutors must have enough evidence to meet their burden of proof, which is proof beyond a reasonable doubt. If prosecutors attempt to bring charges with insufficient proof, our drug possession and distribution lawyers can ask the court to dismiss the charges for a lack of evidence.

For example, prosecutors may base charges for distribution on the word of a few witnesses who are also known drug dealers, and their testimony is unreliable. Such evidence is minimal, weak, and untrustworthy and clearly does not satisfy the burden of proof.

What Should You Do if You Are Arrested for Drug Possession or Distribution?

Take the following steps if you are arrested for drug possession or distribution, as they can help you protect yourself and your rights.

Demand a Lawyer

You have a right to a lawyer, and the police may not prevent you from contacting one for help. If the police want to question you about the alleged offense while you are in custody, you have the right to demand a lawyer first. Invoke this right immediately and call an attorney to help you.

Remain Silent

You also have the right to remain silent. When the police ask you questions about the alleged drug offense, you are not required to answer. You may invoke your right to remain silent, and the police cannot force you to answer questions. Also, your silence cannot somehow be used against you. The less you say to the police, the better.

Do Not Consent to Searches

The police may want to search your home, vehicle, and phone if they believe they can find more evidence to support charges. They may ask you if they can look around. They may even say that you should let them in if you have nothing to hide.

Do not consent to a search. The police do not need a warrant if you permit them to search, and any evidence they seize can and will be used against you.

Can You Go to Jail for Drug Possession in Lakewood?

Yes. Even simple possession charges carry a potential jail term of up to 180 days. More serious felonies for drug distribution charges may lead to years in prison. The exact length of time you could be sentenced to jail or prison depends on your specific charges.

Do You Have to Sell Drugs to Be Charged with Distribution?

No. Distribution only requires delivery, which does not require an exchange of money. People may be charged for trading drugs for products or services, selling them for money, or simply giving them away.

What Evidence Do Prosecutors Need for PWID Charges?

Charges for possession with the intent to deliver or distribute often require more than one singular bit of proof and may involve multiple pieces of evidence. For example, the police often search for evidence of drug packaging (e.g., baggies and containers), large amounts of cash, scales or tools to measure and weigh drugs, and any other paraphernalia commonly associated with drug distribution.

Speak with Our Drug Possession and Distribution Lawyers About Your Charges

Receive a confidential legal review by calling our drug possession and distribution attorneys at the Law Offices of Smith & White at (253) 203-1645.