Drug Charges

Phil Weinberg on Drug Charges (Controlled Substances)

Washington State is among the states leading the way in decriminalizing the use of marijuana. In a short period of time, changes in the marijuana laws are already dramatically impacting the lives of people throughout the state. The fact remains, however, that the use and sale of other drugs, such as cocaine, methamphetamine, heroin and other illegal drugs, will continue to have serious legal consequences, especially if there are prior similar charges, the amount of the controlled substance(s) is relatively large (i.e., more than most would agree is just for personal use), and if there is evidence of intent to sell, manufacture, deliver, etc., which is far more serious and tougher to defend. Such factors might include the number of baggies or bundles of the substance, the presence of a scale or scales, a large quantity of cash, a firearm, etc.

Call Attorney Phil Weinberg at (425) 455-4784 for a free consultation.

The government devotes substantial resources and manpower to clamping down on the use and sale of illegal drugs. If you have been accused of a drug-related crime, it is critical that you have a skilled drug case defense attorney on your side as soon as possible. There are often intense and critical constitutional issues in these cases relating to search and seizure law under case law interpreting the Fourth Amendment’s prohibition against warrantless searches and seizures, though there are five or six well-established exceptions to that rule. There are issues relevant to search warrants, a validity of traffic stops, reasonableness in the scope of the search conducted by the police and many other technical issues in these cases. They are fairly often won on pretrial suppression and exclusion of evidence motions.

State v. Blake – Washington’s NEW DRUG LAW
In February 2021, the Washington State Supreme Court ruled in State v. Blake that the state’s felony drug possession statute was unconstitutional and this landmark case impacts those previously convicted of simple possession of a controlled substance, whether in jail or not. State v. Blake, 197 Win. 2d 170, 174, 481 P.3d 521, 524 (2021), held that RCW 69.50.4013 and its predecessor statutes (collectively “RCW 69.50.4013” or “simple possession”) are unconstitutional. The new law reclassifies possession of controlled substances (e.g., cocaine, heroin and meth), as only a misdemeanor punishable by up to 90 days in jail. The previous law, before being struck down by the court, had made it a felony.

Our courts now apply State v. Blake to anyone convicted under the RCW 69.50.4013 statute so your conviction may be vacated, dismissed, etc., by court order.  Note though, this does not apply to huge amounts of illegal drugs, or other cases with evidence of intent to manufacture or deliver/sell illicit drugs (i.e., controlled substances). If you need a Blake motion to vacate, give me a call. State v. Blake has resulted in an unprecedented deluge of Washington State postconviction motions to vacate or for resentencing.

With over 25 years experience in criminal defense, I am a smart choice to protect your rights. Over my career, I have successfully defended thousands of individuals facing all types of charges, including:

  • Drug trafficking
  • Drug manufacturing
  • Drug sales
  • Prescription drug crimes
  • Possession of paraphernalia
  • Drug possession

No matter what charges you are facing, I will provide skilled, effortful and attentive legal services that seek out the most positive possible resolution.

Achieving Results Through Bold, Effective Negotiation and Vigorous Advocacy

Though many people believe aggressive courtroom tactics are the only way to achieve success, a forceful approach is not always the best way to resolve a drug case. In my experience, skilled negotiation can often lead to positive outcomes for those facing drug charges.

My approach, whether your case is resolved through negotiations or in litigation, will be backed by skilled analysis and a comprehensive investigation. Whatever type of charge you face, close, personal service is a cornerstone of my practice. As your lawyer, I will meet and talk with you frequently to discuss your case and your legal options. I am also frequently available to speak over the phone; if you have a question or concern, feel free to contact me day or night.

Call Attorney Phil Weinberg at (425) 455-4784 for a free consultation.