Drug Possession in Bellevue

There is a common misconception that drug possession is legal in Washington state. Although recreational cannabis is legal for adults aged 21 and over, the state has not decriminalized illicit drugs. However, its lawmakers did pass a drug policy reducing felony drug possession to a gross misdemeanor. A drug possession conviction is punishable by up to six months in jail for the first two offenses and up to a year after that. Further, lawmakers provided resources for law enforcement to divert drug possession cases to treatment centers for people struggling with substance-use disorders.

Why You Need A Drug Defense Attorney

Drug possession has strict legal penalties in Washington state that include jail time, fines, and a permanent criminal record. Our skilled drug defense attorneys in Bellevue know how to fight to reduce your charges. Here's how we can help:

• Explain Your Charges: We'll help you understand Washington state's Controlled Substances Act, including the specific charges against you, such as possession, distribution, or manufacturing, and their potential penalties.
• Build Your Defense: Our attorneys will examine the evidence against you, including police reports, witness statements, and lab analyses, to identify weaknesses. We'll scrutinize whether law enforcement violated search and seizure laws under the Fourth Amendment or Washington state law.
• Negotiate With King County Prosecutors: Using our knowledge of King County courts, we'll negotiate for reduced charges, alternative sentencing, or diversion programs, such as Washington state's Drug Offender Sentencing Alternative (DOSA).
• Represent You In Court: If your case goes to trial, we'll present a strong defense, challenging evidence, cross-examining witnesses, and arguing for your innocence or a lesser sentence.
• Pursue Post-Conviction Remedies: If convicted, we can assist with appeals, sentence modifications, or expungements, depending on your eligibility under Washington state law.

With our Everett criminal defense law firm's understanding of Washington's drug laws and King County's legal system, we'll handle your case with expertise and care.

Constructive Versus Actual Possession In Washington State

In Washington state, constructive possession and actual possession are important concepts when it comes to drug possession charges. Here are the key differences:

• Actual Possession: Actual possession refers to physically having the drugs, such as in your pocket, purse, or in a bag you are holding. If law enforcement finds drugs on you or within your immediate control, it is actual possession.
• Constructive Possession: Constructive possession means you have control over the drugs, even if they are not physically on you. For example, if law enforcement finds drugs in your car or home, and you can access or control them, they can charge you with constructive possession. In these cases, the prosecution must prove that you know about the drugs and the ability to control them.

Possession distinctions impact the outcome of your case. As your defense team, we can challenge both types. For actual possession, we will investigate whether the drugs were truly found on you and if law enforcement searched legally. For constructive possession, we'll question whether you had actual knowledge or control of the drugs, especially if they were in a shared space or someone else's control.

What Are The Penalties For Drug Possession In Washington?

In Washington state, penalties for drug possession depend on the type of substance, the amount, and the specific circumstances of the offense. Here's an overview:

Possession Of Controlled Substances

• Punished As A Gross Misdemeanor: Up to 364 days in jail and a fine of up to $5,000

Possession With Intent To Distribute Controlled Substances

• Punished As A Class C Felony: Up to 5 years incarceration and/or a fine of up to $10,000

Aggravating Factors

• Charges and penalties can increase significantly for possession near schools involving minors or if prior convictions exist.

You can also lose your license if you were in a vehicle or operating one when law enforcement charged you. Penalties are steep for drug possession, so you must have a knowledgeable Bellevue attorney by your side.

Legal Defenses To Fight Drug Crime Allegations

If you're facing drug crime allegations, the right defense strategy can make all the difference. Here are common legal defenses our Bellevue attorneys in King County courts will consider for your case:

1. Illegal Search And Seizure: Law enforcement must follow strict procedures when searching your property or they violate your Fourth Amendment rights. If law enforcement obtained evidence without a proper warrant or probable cause, the courts may exclude it from your case.
2. Lack of Possession: The King County prosecution has to prove you had actual or constructive possession of the illegal drugs. If enforcement found the drugs in a shared space or you had no knowledge of their presence, this defense could apply.
3. Entrapment: If law enforcement coerced or induced you into committing a drug-related crime that you wouldn't have otherwise committed, you can argue entrapment.
4. Chain of Custody Issues: Prosecutors must establish an unbroken chain of custody for any evidence. If there are gaps or mishandling, the courts may dismiss the evidence.
5. Medical Necessity: For certain substances like pharmaceuticals, medical necessity may serve as a defense if you were using the drug to treat a diagnosed condition under Washington state law.
6. Insufficient Evidence: By law, the prosecution proves guilt beyond a reasonable doubt. Weak or circumstantial evidence can result in charges being dropped or reduced.
7. Violation of Miranda Rights: If police failed to inform you of your rights during an arrest, any self-incriminating statements you made could be inadmissible in court.

Our criminal defense attorneys in King County understand the complexities of drug laws and will tailor a defense strategy that fits your case.

Our Bellevue Drug Defense Attorneys Will Fight For You

Our experienced defense attorneys live and work right here in Bellevue. You might catch us enjoying a night at the Meydenbauer Center, cheering for local teams like the Seattle Seahawks and Mariners nearby, strolling at the Bellevue Farmers Market, or attending annual events like Snowflake Lane during the holidays. Because we're part of this community, we know the local courts.

We also know that every drug possession case can be challenged successfully. For over 20 years, we've successfully defended clients facing drug charges across Western Washington with our expertise. If you're facing a drug possession charge, we'll fight to keep you out of jail and protect your future. Call us now for a free consultation with our Bellevue drug defense attorneys.

There are a variety of different factors that a prosecutor and judge need to consider with drug crimes. It is important that you have a criminal defense attorney who can affectively communicate with them to have your side of the story heard. A drug conviction can result in a felony conviction which comes with possible jail, fines, probation, court ordered treatment, and loss of gun and voting rights, amongst other things. If you are being accused of actual delivery or manufacturing, the consequences can be even more severe.

The actual penalties you will be facing is dependent on several different factors, including:

• What type of drug was involved
• How much of the drug was involved
• Whether the drug was for personal consumption or not
• Whether you have a felony score
• Whether weapons were involved or in your possession

When facing severe consequences, it is important to have an experienced Bellevue criminal defense attorney who you can rely on. Drug charges can be tricky, so you need to speak to an attorney as soon as possible to figure out what is best for your future.

Call the Bellevue, WA, office of Washington State Attorneys for a free consultation to learn how we can help you fight your drug charges.