- If you are charged with a drug or VUCSA related offense
Pelley Law will set up an appointment to meet with one of our attorneys in our office as soon as possible after your arrest. Remember, the initial consultation is always free. Together, we will formulate a strategy to best represent you and your goals in dealing with this charge. We will:
Talk to you about the night of the arrest. It is vital that we create a written record of your recollections of that night as soon as possible. Over time, memory fades and crucial evidence may be lost.
Discuss possible defenses to your crime and the penalties you may face if convicted, as well as possible alternatives to jail time, including treatment options.
Represent you at all hearings. We will be by your side to advocate for you every step of the way, to ensure that your rights are preserved and the best possible outcome of your case is achieved.
Communicate with you regularly regarding developments in your case, including document preparation, plea negotiations with the government, and trial strategy. We will strive to ensure that you fully understand the ramifications of each step of the process, including accepting or rejecting “deals” proposed by the prosecution and moving forward to motion hearings or trial.
We handle all Controlled Substance cases. Let Pelley Law help you with your drug-related offense. Be aware that there are vital time frames that must be adhered to in order to successfully assert certain types of claims.
Contact Your Seattle Criminal Defense Lawyer Today. -
Drug Offenses
Drug offenses include possession, manufacturing, and distribution of illegal drugs, such as marijuana, cocaine, and methamphetamine. You can also be charged for drug offenses regarding prescription drugs if you did not have a valid prescription at the time the drugs were found in your possession, you obtained the drugs by use of a forged prescription, or you attempted to forge a prescription for the drugs.
Possession
You can be charged with a possession offense if illegal drugs are on your person or in any place over which you have control, including your vehicle, your home, or any outbuildings on your property, presuming that you can exercise control over the premises. You can also be charged with possession of drug paraphernalia if any objects are found in your possession or in areas within your control that can be used in conjunction with illegal drugs for purposes including growing, harvesting, storing, packaging, or in any way introducing the substance into the body. Paraphernalia charges can be brought for something as innocent as brillo pads and a cigarette lighter, if found near a stash of certain substances. You can be charged even if you were unaware of the presence of the drugs or you were unaware that the substance was an illegal substance, although these factors may constitute a valid defense to the charges against you.
Manufacturing
The crime of manufacturing an illegal substance encompasses any unlicensed, unauthorized, and intentional creation of an illegal drug, including the growing of marijuana. Manufacturing charges may be brought if the requisite components for the creation of an illegal substance are found in an area over which you exercise control, such as your home or garage. Again, as with a possession charge, you may be charged with manufacturing even if you did not know that the operation was set up on your premises, although, again, this may constitute a valid defense to the crime, as will the accidental creation of an illegal substance.
Distribution
Distribution charges often go hand in hand with possession or manufacturing charges, and the two may stem from the same incident. All that is required for a distribution charge is that you knew you were in possession of a controlled substance, and some proof that you intended to sell or otherwise distribute the substance. Distribution is not limited to the sale of a controlled substance, but may be charged for the sharing or gifting of illegal drugs. Distribution charges may be brought even if you are not “caught in the act” of selling or sharing the drugs, but may be shown by other evidence, including confessions to the police, the quantity of drugs possessed, and the presence of paraphernalia associated with sales that is found in proximity to the drugs, such as scales or packaging materials or even large amounts of cash. At federal law, you can also be penalized for importing or exporting drugs into and out of the United States.
Attempt and Conspiracy
You can also be charged with a crime even if you did not actually possess, manufacture, or distribute drugs. An attempt charge can be brought if you intended to commit a crime and took a substantial step toward the commission of that crime. A substantial step can be something as simple as possession of drug paraphernalia such as a marijuana pipe, the making of an appointment to meet a drug dealer to purchase drugs, even if that meeting does not ultimately take place, or the acquisition of some of the materials necessary to manufacture drugs, such as the purchase of a large amount of ephedrine (Sudafed), anhydrous ammonia, or Freon. In fact, police officers commonly conduct sting operations by watching Sudafed purchases at drug stores, and following those who purchase more than a small box or who are known by the employees as regular customers.
Additionally, conspiracy charges can be added on to any possession, distribution, manufacturing, or even attempt charges, if it can be established that you deliberately agreed with another person to commit one of these crimes or deliberately joined in with others who had previously agreed to commit a crime, knowing that the agreement existed.
Contact Your Seattle Criminal Defense Lawyer Today. 
Possession of a valid prescription is, of course, a defense to the possession of any prescription drug, such as oxycontin or morphine. As well, possession of a valid authorization for medical marijuana, or status as a primary caregiver to someone with such a authorization is a defense to the possession of sufficient marijuana for personal use. Note, however, that you should present the documentation to the officer when the officer questions you about the marijuana. If you are a medical marijuana patient, our office will be happy to assist you in making sure that all your documentation complies with medical marijuana statutes and that you are aware of the proper steps to take if contacted by law enforcement.
Further, as discussed above, if you can establish that you were unaware of the presence of the drugs in your home or vehicle because the drugs had been placed there by another person without your knowledge, you may be acquitted of any charges against you, as merely being in the same area as an illegal substance will be insufficient for a possession conviction. Other defenses to drug charges include mistaken identification, alibi, or the brief possession of drugs necessary to bring them to the proper authorities. The methods used by police in obtaining evidence must also be reviewed to determine if officers acted legally and within their powers. Many times, illegal searches, incomplete tips by an unidentified informant, or illegally obtained confessions will result in the exclusion of much, if not all, of the evidence against you a dismissed or greatly reduced charge.
Contact Your Seattle Criminal Defense Lawyer Today.- If you are stopped with drugs in your car
If you have marijuana, cocaine, methamphetamines, or other illegal drugs in your possession, these may be discovered in a routine traffic stop. Officers may claim to smell or otherwise observe indications of illegal possession, and begin to question you about this. Do not lie to police. Do be polite, but decline to answer any questions until you have spoken to your attorney. If police order you out of your vehicle and arrest you, be compliant and cooperative, but continue to assert your right to counsel and your right to silence.If police want to search your residence
Remember, you never are obligated to give the police access to your home. Politely decline when officers seek entry, unless they produce a warrant. Ask to speak to counsel immediately. If police force their way in, do not assault, threaten, attempt to block entry, or otherwise take any action that could prompt additional charges against you. Do repeat that you are not giving consent for the search, repeat your request to speak to counsel, and call us as soon as possible.
Contact Your Seattle Criminal Defense Lawyer Today. 
Most drug-related crimes are felonies, with the exception of possession of less than 40g of marijuana, which is a misdemeanor in the State of Washington. Penalties range from a small fine and a day or two in jail for possession of a small amount of marijuana to huge fines and years behind bars for possession of even a small amount of other drugs such as cocaine and methamphetamines.
Repeat offenders may face life imprisonment if convicted of certain federal drug offenses. Forfeiture of property, including cars and firearms, can also result from a conviction for a drug related offense. The penalties and fines you face will depend upon several factors, and stiffer penalties will result if you have a lengthy criminal history, used firearms in the crime or possessed firearms in the same location as the drugs, sold drugs to minors or otherwise involved minors in a drug operation, including the presence of minors near a manufacturing area, or possessed, manufactured or distributed drugs in a protected area, such as a school zone.
An attorney from our office will be happy to review your case with you and give you an overview of the penalties involved in your specific case.
Contact Your Seattle Criminal Defense Lawyer Today.
