Drug Distribution Attorney Vancouver WA: Understanding Drug Delivery Charges in Washington

Distribution of Drugs in Washington State – Felony Offense in Vancouver, Washington. The manufacture, distribution and/or possession of drugs with intent to distribute is considered a serious crime. The class of the felony offense (i.e. Class B or C) will depend on the specific drug(s) involved as well as the circumstances of the offense(s) charged.

The previous section described offenses for the unlawful manufacture, delivery, or possession of a controlled substance. A person who has been accused of selling, delivering, or distributing drugs in Vancouver, WA, would benefit from consulting with a Vancouver, WA drug distribution attorney to have their rights explained and to receive advice on how to proceed with the case.

What Is Drug Distribution Under Washington Law?

The manufacture, delivery, or possession of a controlled substance with the intent to manufacture and deliver such substance is unlawful, unless authorized by law, in accordance with Washington State law for controlled substances.

Delivery: The act of actually, constructively, or attempted transfer of a controlled substance from one person to another.

A drug distribution investigation may involve allegations such as:

Selling a controlled substance
Delivering drugs to another person
Possessing drugs with intent to deliver
Manufacturing a controlled substance
Participating in a larger drug transaction
Using a vehicle or property in connection with an alleged transaction for the distribution of drugs.

The key elements for the offense for which you have been charged must be proven by the State for a conviction.

Is Drug Distribution a Felony in Washington?

Many drug distribution offenses are felonies.

The manufacture, distribution, or possession with intent to manufacture or deliver of a Schedule I or II narcotic drug or methamphetamine as prohibited by RCW 69.50.401 is a Class B felony. For other controlled substances, such conduct is a Class C felony and is prohibited by RCW 69.50.401.

In Washington state the penalties for drug crimes can include substantial prison time and large fines. In many cases of Drug Distribution the offense is a felony and the potential statutory penalties can include long periods of incarceration and very large fines.

Again, the amount of time that a person receives in a prison will depend upon the facts and circumstances of the offense for which he or she was arrested as well as any prior offenses for which the person has been convicted.

Drug Possession vs. Possession With Intent to Deliver

These charges are not necessarily the same.

Unlawful possession of a controlled substance, as defined in RCW 69.50.4013 (simple possession of a controlled substance), is currently classified as a gross misdemeanor and is tried as such, with the same provisions and exceptions contained in RCW 69.50.4013.

Possession with intent to deliver can be a felony offense depending on the drug(s) involved in the alleged transaction.

However, intent to distribute can be established by circumstantial evidence; therefore, the facts surrounding the alleged possession for distribution of any drugs for distribution are very important to the defendant’s case.

How Do Prosecutors Try to Prove Intent to Distribute?

Proof of intent to distribute versus use of drugs in personal possession is frequently at issue in these cases.

Investigators may examine circumstances such as:

  • The quantity of drugs allegedly discovered
  • Packaging materials
  • Scales
  • Multiple individual packages
  • Cash
  • Communication records
  • Alleged drug transactions
  • Statements made during an investigation
  • Witness testimony
  • Surveillance footage
  • Other evidence connected to the alleged transaction

The simple fact of the discovery of one piece of evidence, however important that single piece of evidence may be, in no way justifies the conclusion that there is sufficient evidence to prove an intent on the part of a defendant to distribute drugs as charged in a given case.

Can Police Search My Car or Home for Drugs?

Search-and-seizure issues are very important in drug distribution cases.

Whether or not a search of your car, home, etc. (including your phone) was appropriate is a matter for your defense attorney to explore. A search can be conducted with or without a warrant and in some circumstances, no warrant is required. Your attorney will examine the search of your car, home, etc. and see if it was conducted properly in accordance with the Constitution and applicable laws.

Potential issues may include:

  • Whether police had probable cause
  • Whether officers obtained a valid warrant
  • Whether the warrant described the proper place or thing for search.
  • Whether you consented
  • Whether officers exceeded the scope of a warrant
  • Whether police unlawfully prolonged a traffic stop
  • Whether officers properly seized the evidence

This can also mean that any illegally seized evidence can be suppressed by your drug distribution attorney in order to prevent it from being used against you in court.

What Happens If Police Claim They Have Evidence of a Drug Sale?

A drug distribution investigation can begin well before an arrest in a drug distribution case.

Police investigations can involve:

  • Undercover operations
  • Confidential informants
  • Controlled purchases
  • Surveillance
  • Search warrants
  • Traffic stops
  • Cellphone evidence
  • Financial records
  • Social media evidence

How did the Police Collect Evidence in Your Case?

Can a Drug Distribution Attorney Challenge the Evidence?

Potentially.

A drug distribution attorney can reveal the weaknesses of the state’s case while reviewing the evidence that the prosecution is using to support their case.

Depending on the circumstances, a defense may challenge:

If the drugs were obtained through an unlawful search of your home or auto, your attorney can attempt to have all evidence, discovered as a result of the unlawful search, suppressed.

The Traffic Stop

If the investigation of drugs for distribution began with a traffic stop of your car for a violation of traffic law, your attorney will investigate whether there was a proper basis for the traffic stop and whether the officer subsequently extended the stop for improper reasons.

The Informant

An attorney can investigate the information given to the police by the informant and the circumstances of how the information was given to the police.

The Alleged Transaction

Was there actually a transaction for drugs and did the defendant participate in it?

The Chain of Custody

Questions concerning identification, testing, storage, or chain of custody of the drug evidence collected from the defendant will also become relevant.

What If the Drugs Belonged to Someone Else?

There are many cases where more than one person is involved in a drug crime. For example, someone may be charged with a drug crime in a car that another person owns, or someone may be charged with a drug crime in a home that they do not even live in and that is shared by other people.

The simple fact that drugs are found near you does not in and of itself prove that you knowingly possessed those drugs and/or were intent on distributing them.

The defense may examine:

  • Who controlled the location
  • Who owned or possessed the vehicle
  • Who had access to the drugs
  • Where officers discovered the substances
  • Whether fingerprints or DNA were recovered
  • Who had access to containers
  • Whether other people were present
  • Whether the prosecution has evidence connecting you to the drugs

The specific facts can make a significant difference.

Distribution of Drugs (Drug Distribution) – What to do after being arrested or investigated for Distribution of Drugs (Drug Distribution)

If someone is arrested and investigated for drug distribution, they need to protect their rights throughout the investigation.

Do Not Explain the Case to Police

Staying Silent and Avoiding Explanations to Police

By stating clearly that you refuse their request for a search, you can refuse their request for a search for example of your house. You should not physically hinder the police from searching for example your house.

Do Not Delete Messages or Evidence

Destroying, altering or deleting any evidence that could be relevant to your case will only further incriminate you and cause more problems. Inform your attorney of any evidence that you have found and he/she will give you the best advice on how to proceed.

Contact a Criminal Defense Attorney

As soon as possible you should get a criminal defense attorney to investigate the allegations made against you and find out the evidence the police have to support their allegations. Your attorney can then start thinking of all possible defenses for you.

Possible Defenses in a Drug Distribution Case

Every case requires an individualized defense strategy. Depending on the evidence, potential issues may include:

  • Lack of knowledge
  • Lack of possession
  • Lack of intent to deliver
  • Unlawful search or seizure
  • Insufficient evidence
  • Problems with witness credibility
  • Problems with confidential informant evidence
  • Mistaken identity
  • Improperly handled evidence
  • Constitutional violations
  • Failure to prove an essential element of the offense

Strategies should be developed based on the facts of a particular case after evaluation of the evidence.

Why Choose Mcaleer Law?

Drug distribution allegations can involve complicated investigations, serious felony charges, and significant sentencing consequences.

Mcaleer Law represents clients charged with crimes in Vancouver, and throughout Clark County and the State of Washington. He can defend your rights in any criminal investigation, and work to keep evidence that has been improperly obtained from being used against you at trial.

Our criminal defense services include:

  • Drug distribution defense
  • Drug delivery defense
  • Possession with intent to deliver defense
  • Drug possession defense
  • Search and seizure challenges
  • Suppression motions
  • Felony defense
  • Criminal trial representation

Contact a Drug Distribution Attorney in Vancouver, WA

If you or someone you care about has been charged with a drug distribution crime in Vancouver, WA, remember that being charged with a crime does not necessarily mean that you will be found guilty of that crime.

The penalties for Washington drug crimes can vary greatly depending on the drug in question and the circumstances of the offense for which the accused is being charged with a crime.

Mcaleer Law can review your case, investigate the facts surrounding your arrest, and explain all of your available options.

Contact us at Mcaleer Law today for assistance from a Vancouver drug distribution attorney.