Drug Busts: Legal Implications & Representation

On Monday, June 19th, 2023, an individual reported to the police regarding a driver who was asleep in his car, partially blocking a sidewalk and bike lane. Officers arrived at the site and inspected the driver, who was taken into custody after showing signs of impairment. After further inspection, evidence of narcotics use was discovered inside the vehicle and on the driver’s clothing.

A search warrant was obtained for the impounded vehicle, and narcotics detectives discovered a significant amount of illegal substances during the search. The recovered items included 17 pounds of methamphetamine, 2 pounds of fentanyl pills, 1 pound of fentanyl powder, 340 grams of cocaine, 30 grams of heroin, and $17,721 in cash. Due to the large quantity of narcotics found, federal law enforcement was contacted.

A second search warrant was executed at the suspect’s residence with the assistance of the FBI and Kirkland Police Department. At the residence, law enforcement recovered additional controlled substances, including 300 grams of methamphetamine, 1,000 fentanyl pills, 2.5 pounds of fentanyl powder, and 150 grams of cocaine.

The 42-year-old suspect was apprehended and brought into the King County Jail on federal counts of Illegal Possession of Narcotics with Intent to Distribute and Driving Under the Influence.

To ensure that your rights are respected while facing drug charges, retaining an attorney is crucial. The Law Office of Erin Bradley McAleer has represented many defendants that have been charged with drug-related crimes, working to defend them to the fullest extent of the law. Our attorneys ensure that correct protocol is followed on all fronts in order to preserve our clients’ rights and ensure fair treatment throughout the legal system.

Understanding Controlled Substances

Before delving into the legal aspects, it’s crucial to comprehend what constitutes a controlled substance. Controlled substances in the United States are categorized into schedules ranging from Schedule I to Schedule V. Schedule I drugs, such as heroin and LSD, have a high potential for abuse while substances in lower schedules have decreasing levels of potential abuse.

Possession of Controlled Substances

Possession of controlled substances is considered a criminal offense in Washington. The state recognizes two types of possession: actual possession and constructive possession.

Actual possession refers to having physical control over a controlled substance, such as holding it in one’s hand or having it in one’s pocket. On the other hand, constructive possession refers to having the ability and intent to exercise control over the substance, even if it is not in one’s immediate physical possession. For example, if a controlled substance is found in a person’s car or residence, it may be deemed as constructive possession if the person had knowledge of its presence and the ability to control it.

Penalties for Possession

As of now, the state level penalty for Possession of a Controlled Substance is a Misdemeanor, carrying up to 90 days in jail and up to $1,000.00 in fines. If the amount of controlled substances found are substantial, local law enforcement will usually contact the FBI to assist with the investigation. Once the FBI is involved, they will usually take over the case and charge the suspect on a federal level with steeper consequences.

How We Can Help

Possession of a Controlled Substance is a serious criminal charge that can be detrimental for individuals in the State of Washington. Understanding the specific laws and regulations surrounding this offense is crucial to navigate the legal landscape effectively, highlighting the importance that an attorney can have in your case. They can guide you through the legal process and assess potential defenses, working towards a favorable outcome. The attorneys at the Law Office of Erin Bradley McAleer are ready to represent you, offering quality service and defense.

Do not hesitate to call and schedule free consultation at the Law Office of Erin Bradley McAleer at (360) 334-6277 to protect yourself and your future.