DEFENDING A DRUG CHARGE WHEN THE POLICE HAVE PHYSICAL EVIDENCE AGAINST YOU

As a Seattle drug crimes lawyer, I have observed many issues come up in the defense of a drug case. Drug cases, also known as VUCSA cases are among the most frequently charged felonies in Washington State. VUCSA stands for Violation of the Uniform Controlled Substances Act. Aside from possession of less than 40 grams or less of marijuana, all drug crimes are felonies in Washington State. The issue that is probably the most frequent in a VUCSA case is the illegal search by the police.

In many cases, the police do not have probable cause to stop a person and only after conducting an illegal search do they find drugs and then arrest the person. This happens ALL THE TIME. Do not think that your case is lost just because the police found what they may be able to prove is a controlled substance. At every step of a police investigation, there must be probable cause or at least reasonable suspicion that you are engaged in illegal activity to justify a search. The worst thing you can do is consent to a search. The police do not ask you for consent because they’re just being polite- they’re cops. They are asking for your consent because they have to.

Often times they have no reason whatsoever to search you, but they just want to anyway to see what kind of incriminating evidence they can get out of you. Again, do not consent to searches. But even if you consented to a search and the police found a controlled substance in your possession, you still may have a valid claim against the legality of the search.

In Washington State, there are certain factors that the court considers in determining whether a person truly gave the police voluntary consent. The Washington State Supreme Court has held that one of the factors to be considered is whether the police informed the person being searched that they have the right to refuse consent. There are many other ways to challenge a drug case that are beyond the scope of this posting.

Drug crimes lawyers are thoroughly familiar with the law of search and seizure and look vigorously for problems with police conduct. Your case can be dismissed if a criminal defense lawyer who focuses on drug crimes files the proper motions and advocates on your behalf. I have written many suppression motions in drug cases including possession of marijuana at the trial level to possession of crack cocaine in a felony appeal.

You do not need to plead guilty if you have been arrested for a drug crime. The first line of defense you have is to challenge the search. Contacting a criminal defense lawyer who is experienced in identifying whether there has been an illegal search is the only way you can effectively challenge the admissibility of any evidence of drugs or a controlled substance that the police found in your possession.