Everett Drug Possession & Delivery Defense Lawyer

Arrested for Drug Possession or Delivery in Western Washington?

Arrested for Drug Possession or Delivery in Western Washington? Have you or a loved one been charged with a drug offense in the greater Seattle or Everett area? If you are currently involved with the Washington criminal system, then you most certainly are looking for a way out of this terrible situation. The criminal defense attorneys at our law firm provide representation to individuals throughout King and Snohomish counties who have been arrested and charged with a drug offense, or who are currently under investigation for a drug crime. When facing drug crime charges, most people feel scared and unsure about their futures, and considering the severe penalties for this type of criminal offense, this is easy to understand.

In Washington law, prohibited drugs include marijuana, hashish, powdered cocaine, crack cocaine, methamphetamine, ecstasy, Oxycontin, methadone, heroin, psilocybin, LSD, prescription pills, and legend drugs. Drug penalties are not the same for all categories. Marijuana is perhaps the drug that a criminal defense lawyer is most likely to see in court. Under Washington law, possession of marijuana in an amount less than 40 grams is a misdemeanor. It is punishable by up to 90 days in jail and a $1,000 fine. Under law there is a mandatory one day in jail for such a crime and a $250 fine for the first offense. Some cities, such as Seattle, have made marijuana charges their lowest priorities. As far as the illegal possession of prescription pills, the penalties depend on whether the pill was listed as a controlled substance or a legend drug, and whether the drug is listed by the federal government as schedule II, III, IV, or V. Controlled substance prescription pills include such drugs as oxycodone and methadone. The possession of cocaine or methamphetamine in any amount in Washington State is a felony.

Under Washington statutes, a distinction is drawn between simple possession and possession with intent to deliver. Prosecutors attempt to prove intent to deliver by showing a large amount of drugs, by showing sales records, a large amount of money, or the presence of scales. However, under the case of State v. Lopez, proof of possession of a large amount of drugs, without more, may not support a finding of intent. Additionally a consumer of drugs may simply have a scale to assure that he is getting what he pays for. The presence of paraphernalia such as pipes or needles is often used by a criminal defense lawyer to show that the defendant intended to use the substance himself rather than sell it. Possession with intent to deliver is punishable under Washington law much the same way delivery is. One count of possession of methamphetamine, heroin, or cocaine with intent to deliver brings a standard range sentence of 12 to 20 months for a person with no prior record. The possession of marijuana with intent to deliver brings a standard range penalty of 0 to 6 months. There is often a fine line between "possession" and "possession with intent to deliver." It is important to have a criminal defense lawyer experienced in drug cases who can fight such a serious accusation. In order to prove intent to deliver, prosecutors will often try to bring up a defendant's prior alleged instances of delivery, or prior convictions. Generally speaking, this is not allowed under the case of State v. Wade, and a defense lawyer needs to fight tooth and nail to keep out such evidence so that his client is not prejudiced in the eyes of the jury.

Police officers often conduct a "field test" of a suspected drug when making an arrest. However this "field test" is not sufficiently reliable to be admissible in court. It is the prosecutor's job to prove beyond a reasonable doubt that the substance in question was, in fact, a controlled substance. It is the job of a criminal defense lawyer to make sure such tests are accurate. The testing is usually done by a chemical analysis. Sometimes with marijuana, a microscopic visual observation is done by a qualified marijuana "leaf technician." It is important that the defense lawyer check to make sure that the chain of custody is preserved when the drug is shipped to the lab for testing. When an analysis is done, it is not enough for the analyst to simply mail the results back to the prosecutor. Under the case of Melendez-Diaz v. Massachusetts, a lab analyst must come in person to testify at the jury trial unless the defendant waives that right. This requirement can often be used as bargain chip in plea negotiations. The prosecutor might have an air tight case against a defendant, but the government typically does not want to incur the expense of bring witnesses to court. Sometimes, by the time the case goes to trial, a lab analyst has moved on to employment elsewhere.

The drug possession attorneys at Jon Scott Law represent individuals facing the following types of drug charges and drug-related legal issues:

• Drug Delivery
• Drug Manufacturing
• Drug Possession
• Medical Marijuana
• Driving Under the Influence of Drugs
• Alternative Sentencing
• Illegal Search & Seizure

Aggressive Defense for Drug Charges

Unfortunately, many individuals choose not to hire a lawyer after being charged with a drug crime because they feel as if they have no chance of winning their case. As our attorneys will tell you, there is almost always a way to defend someone against drug charges. With years of experience under their belts, our lawyers have worked hard on many tough drug cases to find possible defenses to this crime. If your Seattle drug crime attorney can prove that the evidence against you was obtained by an illegal search or seizure, it may be deemed inadmissible and will no longer be able to be used at court. Without incriminating evidence, it is much more difficult to convict you of a crime.

In order to give you the best shot at overcoming the charges against you, we strongly recommend you speak with a drug crime defense lawyer at our firm. Your defense attorney will speak with you in order to gather any pertinent information that may help your case and will also perform a thorough investigation to uncover any evidence in your favor. Having qualified and experienced legal representation from a Seattle drug crime attorney will give you a better chance at positively resolving your charges.

Contact a Washington Drug Crime Defense Attorney at Jon Scott Law today if you are facing drug charges!

Career Defense Lawyers, Fighting for Your Rights —Jon Scott Law, PLLC

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