Seattle Possession Attorney | Russell & Hill Law Firm

Drug Possession in Washington

Washington drug crimes are governed by the Uniform Controlled Substances Act (RCW 69.50). Under the act, it is unlawful for a person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance. A controlled substance is defined in the Act as, “a drug, substance, or immediate precursor included in Schedules I through V set forth in federal or state laws, or federal or commission rules, but does not include hemp or industrial hemp.”

Most drug-related crimes are considered felonies, ranging from Class C felonies to Class A felonies. If you are charged with possession of any drug, other than marijuana, you will be charged with a Class C felony, regardless of the quantity. The maximum sentences of felony drug charges are:

  • Class C Felony: 5 years in jail; $10,000 fine
  • Class B Felony: 10 years in jail; $20,000 fine
  • Class A Felony: Life in prison; $50,0000 fine

Marijuana is now legal in the state of Washington, but there are limits to the legalization. Marijuana is not legal:

  • For anyone under 21 years of age
  • To grow
  • To smoke or display in public
  • To privately sell
  • For people 21 and over to possess greater than one ounce

If you are caught with more than one ounce but less than 40 grams of marijuana, you are subjected to face misdemeanor charges:

  • Up to 90 days in jail and
  • Fines up to $1,000

Recent Legislation

The Washington Supreme Court recently struck down previous laws, deeming them as unconstitutional. The new law reclassifies possession of controlled substances, including cocaine, heroin, and meth as a misdemeanor—the same classification for holding over an ounce of marijuana, subject to the same charges.

This new law will expire in two years, and revert to the current law. Washington Governor, Jay Inslee, in a U.S. News Report, says that the legislation moves the system to focus on behavioral health response and successfully address the needs that underlie drug abuse.

There are many alternatives to incarceration open to courts in Washington State, including:

How a Drug Possession Attorney Can Help You

We will sit down with you, discuss your concerns, and determine your goals regarding the outcome of your case. Once we decide on the course of action to take in your legal proceedings, we will execute the handling of your case with in-depth knowledge and precise skill.

We seek to have the charges dismissed or reduced, regardless of the classification.

If you have been charged for drug possession, contact our Seattle drug possession attorneys at Russell & Hill – Injury & Accident Attorneys, by filling out our Case Evaluation Form or call us at 800-529-0842.

Key Highlights

  • If you have been charged with possessing an illegal drug in Seattle we cannot emphasize enough that finding a Seattle possession attorney experienced with the legal system and process is critical to your case.
  • Russell & Hill Law Firm is a Seattle law firm dedicated to helping people with drug possession charges defend themselves against drug charges whether they are facing felony or misdemeanor charges throughout Seattle and King County on a daily basis. 
  • We represent clients accused of drug-related offenses including (but not limited to) possession of a controlled substance, cocaine, marijuana, and all other types of drug-related offenses. 
  • The attorneys at the Russell & Hill Law Firm have first-hand knowledge of the way the Seattle Municipal Court and the King County Superior Court handle drug cases. 
  •  Once retained we will have your trial-ready defense strategy in place at the time of hire.

Charged With Drug Possession in Seattle? Here’s What You Should Do First

If you have been placed under arrest and/or charged with a drug-related offense in Seattle, WA you have a lot to lose, and therefore immediate legal representation is of paramount importance. 

Matthew Russell is my name, and I represent people across Washington State accused of drug offences. I represent individuals who have cocaine possession charges, marijuana possession issues, prescription drug cases, and the like, as well as possession of other controlled substances. 

At Russell & Hill Law Firm, we look at every drug possession case like it is our first case. The first thing we do is investigate all of the ways the police could have legally stop (or search you). We also challenge all unlawful (illegal) searches. 

Why Hire a Seattle Drug Possession Attorney Instead of Handling It Alone?

A lot of people think that a possession charge is “minor”. It is not! Possession continues to be a crime under RCW 69.50.4013 even after the significant change to Washington’s new drug laws. RCW 69.50.4013 was amended in order to reclassify simple possession as a gross misdemeanor by the Legislature after the Washington State Supreme Court’s decision in State v. Blake (2021).  This means:

  • Up to 364 days in jail
  • Fines
  • Mandatory court terms and conditions
  • Probation
  • Requirement for drug treatment

A skilled drug possession lawyer will know how to work through the evolving statutes and how the King County prosecutor views these cases. Prosecutors build their case using police reports, lab reports and witnesses. Your defense attorney builds your case through constitutional protections, evidentiary challenges. and strategic leverage.

What’s Really at Stake Under Washington Drug Law?

A possession conviction in Seattle can result in:

  • Jail time
  • Court-ordered treatment
  • Thousands of dollars in fines
  • Permanent criminal record
  • Difficulties with finding a job
  • Denial of housing
  • Negative immigration impact
  • Loss of professional license

If jail time is avoided, the conviction remains on your record until it is resolved or vacated appropriately. You must hire a drug possession defense attorney when accused as it is protection.

How Have Seattle and Washington Drug Laws Changed?

In recent years, the way Seattle handles drug issues has changed quite a lot.

The Governor of Washington, Jay Inslee, signed a bill creating a temporary decriminalization of certain possession charges after the state Supreme Court made their ruling (the Blake ruling). The result was a state of confusion about which drug possession cases were criminal charges and which cases were not, while the new laws were being developed by lawmakers.

During 2023, new legislation has resulted in drug possession being criminalized again as a gross misdemeanor and usually required to have a diversion offer made to the accused person before they can be charged. Depending on the individual circumstances and criminal history of the individual, Seattle prosecutors may offer either diversion or treatment option(s) to help resolve their case without a conviction.

It is important to be aware of the changes to Washington’s drug possession law, how those changes apply to Seattle and King County, and that each case is handled differently from another case.

Searching for a Drug Possession Lawyer Near Me in Seattle?

If you did an online search using one of these terms: 

  • drug possession lawyer near me
  • drug possession attorney Seattle
  • Seattle drug possession attorney
  • lawyer for possession of drugs
  • Seattle drug crime lawyer
  • best drug possession attorney

You are not alone.

When people are accused of drug-related offenses, they are often looking for a Seattle attorney who understands:

  • Local judge in King County
  • Local prosecuting attorney
  • Policies regarding diversion programs
  • Eligibility for participating in drug court
  • Typical plea negotiations

Russell & Hill Law Firm has successfully represented thousands of clients all over Washington and knows how drug possession cases are generally handled in the courts, but not only in theory.

What Types of Possession Charges Do We Defend in Seattle?

We provide legal representation for all types of charges related to drug possession, including, but not limited to:

Possession of a Controlled Substance

Under Washington Revised Code (RCW) 69.50, examples of controlled substances include heroin, methamphetamine, cocaine, fentanyl and prescription medications when there is no valid prescription.

Cocaine Possession Charges

An attorney who specializes in cocaine possession will assess the appropriateness of the drug test performed on the cocaine as well as whether it can be proven that possession exists.

Marijuana Possession Issues

The recreational use of marijuana is legal for individuals 21 years of age and older in Washington State; however, if an individual possesses marijuana over the legal limit or distributes marijuana without a license, it is still possible for the individual to be charged with a crime. An attorney who specializes in marijuana cases will also handle these types of cases with caution.

Possession With Intent to Deliver

Possession with intent to deliver can be treated as a felony and will depend upon the strength of the evidence available.

Types of Possession Explained

Proving possession is often more complex than police reports suggest.

Type of Possession Meaning Example
Actual Possession Drugs found on your person In a pocket
Constructive Possession Control over area where drugs found In your vehicle
Joint Possession Shared control with another person Shared apartment

How to Beat a Possession Charge?

A lot of people ask this question. There is not one answer to this question, as there are many variables that must be taken into consideration; however, the most common defenses to possession of drugs include:

  • unlawful traffic stop
  • unlawful search & seizure
  • lack of probable cause
  • unwitting possession
  • errors in testing
  • incomplete evidence of control

When evidence has been obtained through an unlawful search, that evidence will be excluded from trial. If there is no evidence to support the charge, the State cannot proceed against a defendant.

An experienced drug defense lawyer understands when to file a motion for suppression of evidence, as well as how to use suppression motions to strengthen their negotiations.

What Happens After a Drug Arrest in Seattle?

For those who are arrested for the first time, there are a lot of things to consider. Here’s an overview of what usually happens after an arrest.

Booking and Release

When you’re booked into jail, there are a few possibilities for what will happen to you next:

  • booked into jail
  • released on your own recognizance
  • required to post bail

Arraignment

This is your first court appearance in Seattle Municipal Court or King County Superior Court, where you’ll enter your plea and receive conditions of the court.

Pre-Trial Process

During this process, you will engage in several activities such as:

  • Reviewing evidence 
  • Confirming lab results 
  • Filing motions to suppress evidence 
  • Negotiating settlements or plea bargains with prosecutors 
  • Preparing for your trial if your case goes to trial.

Although not every case will go to trial, all cases must be prepared for trial.

Case Study: Drug Possession Charge Reduced in Seattle, Washington

By a Criminal Defense Attorney at Russell & Hill Law Firm

An individual from Seattle was stopped by law enforcement for a traffic violation and subsequently arrested after the officer found a small quantity of an illegal drug in the vehicle. The defendant was charged with possession of an illegal substance, which could lead to time spent in jail, possible probation, and a criminal record that would impact their ability to find employment.

Our team of attorneys at Russell & Hill Law Firm began to investigate and recover evidence to prepare for trial. In this case, we requested body camera video recordings, dash cam video recordings, and other pieces of evidence available to us through discovery to check for inconsistencies between what the officer said was the reason to conduct a “consent” search of the vehicle.

Russell & Hill Law Firm also drafted a motion to challenge the vehicle stop and the search of the vehicle based on the concept of constructive possession – essentially whether or not the State could prove beyond a reasonable doubt that the defendant was in constructive possession of the illegal substance.

Result

Once the prosecution had reviewed the motion and challenged the prosecution’s evidence, they offered a significantly reduced offer to resolve the case short of a criminal conviction. The defendant avoided jail time and has saved their professional future.

Speak With a Seattle Possession Attorney Today

Russell & Hill Law Firm has provided quality legal counsel for individuals accused of crimes in Washington State since 1990. Our team has the skill and knowledge to protect your rights during the criminal process, including challenging illegal searches and weak evidence. If you are charged with drug possession (controlled substances), we will work diligently to get the best possible outcome for you.

To schedule a free consultation with one of our criminal defense attorneys from Seattle, please call 800-529-0842.

FAQs

Can possession charges be dropped?

Charges can be dismissed if evidence is excluded due to suppression of evidence, if the State is unable to establish possession, or if you have fulfilled the conditions of your diversion program.

What are the three types of possession?

Possession can be established by either actual possession, constructive possession, or joint possession.

How much does an attorney charge for representing in court in Seattle?

At Russell & Hill Law Firm, we will discuss fees during the consultation process and are open and honest about your costs.

How much does an adverse possession claim cost?

Adverse possession is a matter of property law as opposed to criminal possession. If you are being charged with possession of a controlled substance, you need a criminal defense attorney, not an adverse possession attorney.

What is the best attorney to fight a possession charge?

The best attorney is one who has a lot of experience handling drug possession cases in King County, has an understanding of the changing laws in the state of Washington regarding drugs, and who prepares his or her clients for trial.

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