University Place Drug Possession + Distribution Lawyer

Illicit drugs can be extremely dangerous. As such, the authorities tend to crack down on drug offenses, and many people end up charged with possession or distribution. If you are charged, stay calm and call a lawyer as soon as possible.

Like any other criminal charges, prosecutors must prove each element of each charge to secure a conviction. This may give us numerous options when developing an effective defense strategy. Maybe you were completely unaware of the drugs supposedly in your possession because they belonged to someone else. Even if drugs were in your possession, can the authorities prove distribution? Undermining key evidence may help you fight your charges.

Call the Law Offices of Smith & White at (253) 203-1645 to ask our drug possession and distribution lawyers for a confidential case analysis.

Challenging Charges for Drug Possession and Distribution

The best way to defend yourself will vary based on your specific situation and the evidence against you. Below are some effective methods you should discuss with your lawyer.

Lack of Intent or Knowledge

A defendant must be aware of drugs in their possession to be convicted of possession charges. The fact that drugs were found on your property, inside your vehicle, or otherwise somewhere you had control does not definitely prove that you knew about the drugs.

Many people claim that someone else stored the drugs on their property. A roommate, friend, family member, or someone else with access to your home might have left them there. If we can present evidence of these claims, we may fight the charges.

No Actual Control

Even if you are aware of the location of controlled substances, that alone does not prove you had control over them. Possession charges require control for a defendant to be convicted. Actual control often involves holding drugs on your person. Constructive control may involve drugs stored in some other location where the defendant has control over what happens to them.

No Evidence of Drugs

Do the authorities have evidence of drugs? It is extremely difficult, if not impossible, to bring drug charges if the police did not seize any controlled substances as evidence.

If the police seized substances they believe are controlled substances, can they confirm the chemical identity of the substances? If testing results are unclear or inconclusive, we can argue that the charges should be dropped.

Even if the authorities seized drugs and confirmed their identity, our drug possession and distribution attorneys can have the drugs excluded if they were seized in violation of your Fourth Amendment rights.

Evidence of Intent to Distribute

PWID is often based on the totality of the circumstances rather than any single piece of evidence. Common evidence may include baggies, scales, large amounts of cash, and paraphernalia often associated with drug delivery or distribution.

Does this evidence exist? Can you provide a legal explanation for why the evidence was present? Much of the materials used to package and deliver drugs are also common household items, and they may not always prove an intent to deliver.

Penalties for Possession and Distribution of Drugs in University Place

Penalties for drug charges vary based on the nature of the charges and the alleged drugs involved.

Simple Possession Penalties

Simple possession is frequently charged as a gross misdemeanor in Washington State. If convicted, a defendant may be sentenced to up to 180 days in jail, a fine of up to $1,000, or both.

However, if a defendant has at least 2 prior convictions for simple possession occurring after July 1, 2023, they may face up to 364 days in jail, a fine of up to $1,000, or both.

Penalties for Distribution or PWID of Schedule I or II Narcotics

Charges for PWID depend on the Schedule of drugs allegedly involved. PWID involving Schedule I or II narcotics may be charged as a Class B felony and, if convicted, a defendant may be sentenced to up to 10 years in prison and fined up to $25,000.

Penalties for Distribution or PWID of Other Drugs

Charges for PWID involving any other Schedule I, II, III, IV, or V controlled substances may be Class C felonies. If convicted, a defendant may be sentenced to up to 5 years in prison, a fine of up to $10,000, or both.

What Evidence Often Comes Up in Drug Possession and Distribution Cases?

Different cases may involve different evidence, and we must tailor your defense around the evidence available.

Chemical Testing of Substances

After authorities seize controlled substances, they must confirm their identity through chemical testing. If testing results cannot accurately identify the alleged substances, or we have some reason to believe the testing methods are unreliable, we can challenge this evidence and raise doubt.

Cell Phone Data

To prove that someone either delivered drugs or intended to do so, the authorities need evidence other than just the drugs themselves. Often, the police will try to seize a defendant’s phone and search its contents for evidence suggesting delivery. For example, text messages about selling the drugs or delivering them to someone may be used to incriminate a defendant.

Witness Testimony

Many drug cases are built upon the testimony of witnesses. Often, the police rely on informants who are close to suspects and agree to provide crucial information about alleged criminal activity.

Informants are rarely just volunteers. They are often people in trouble with law enforcement who agree to act as informants in exchange for leniency. Informants may stretch the truth or tell the police what they want to hear to save themselves. We should challenge any testimony provided by an informant.

What Should You Say to the Police if You Are Arrested for Drug Possession or Distribution?

If you are arrested for drug possession, delivery, or PWID, you should not say anything to the police. Other than basic details needed to confirm your identity, say nothing unless you have a lawyer present.

What if the Police Seize Evidence of Drugs Without a Warrant?

If the police seize evidence without a warrant, we should be very skeptical of that evidence. If the police cannot prove that a warrantless seizure was permissible under the circumstances, we should quickly move to have the evidence excluded from your case.

Can You Be Charged for Holding Someone Else’s Drugs?

Yes. The person holding the drugs may still be charged, even if they had no plans to do anything with the drugs. However, if you were unaware that the substances were illegal, we may challenge your alleged intent.

Should You Accept a Plea Deal for Drug Possession or Distribution?

Plea deals are common across many criminal cases, and one may be available in your drug crime case. Always review a potential plea deal with your lawyer before accepting anything. If the evidence against you is weak, a plea deal may not be the best idea, and we can fight the charges in court.

Get Legal Support Now by Calling Our Drug Possession and Distribution Attorneys in University Place

Call the Law Offices of Smith & White at (253) 203-1645 to ask our drug possession and distribution attorneys for a confidential case review.