Arrested With Drugs? Get The Defense You Need
Drug charges are among the most common criminal charges in Washington State and they are aggressively pursued. The majority of drug cases fall under the Uniform Controlled Substances Act and are charged as Violations of the Uniform Controlled Substances Act (VUCSA). A VUCSA charge can be either a felony or misdemeanor based on the quantity of drugs, the type of drugs, and any aggravating factors. Drug cases are very complex and vary based on the facts of the case and certain constitutional issues.
Understanding the Facts of the Case
Drug cases are very fact intensive, and it is critical that your lawyer understand the facts and present them to the prosecution. It is possible to be arrested and charged under VUCSA because someone was with the wrong people at the wrong time. For instance, if the driver of the car has drugs in the trunk, but you do not know anything about them, you can still get arrested and charged just because you were a passenger. In other cases, someone might be a casual user who happened to get arrested during a buy bust. Finally, many cases involve someone who is seriously addicted to drugs and needs help. Even though those three examples are clearly different, a prosecutor or court might very well treat them all the same way, unless your lawyer can explain why you should be treated differently. The Law Office of David H. Fuller will make sure that the court and the prosecutor are aware of all the facts in your case.
Similarly, just because someone is charged with selling or distributing drugs does not mean that they are a drug dealer or should be punished as a drug dealer. The decision whether to charge someone with drug possession or drug distribution often comes down to judgment calls made by the police at the time of arrest. A charge for drug dealing is much more serious than a charge for drug possession. Your criminal defense attorney must be able to determine if the charges are appropriate and how to convince the court and prosecutor why charges of drug possession are more appropriate. The Law Office of David H. Fuller will evaluate the charge and work to either get the charge reduced or dismissed.
Constitutional Issues
Drug cases usually involve some kind of search and seizure scenario. Drugs are easily concealable, so the police will have to go looking for them. Both the State Constitution and the United States Constitution protect you against unreasonably searches and seizures. If you have been charged in a VUCSA case either for drug possession or drug dealing, it is vital that your lawyer evaluate all of the constitutional issues in your case as soon as possible. If the police did not have justification to search you or your property or if you were improperly arrested, then the entire case changes. Often the prosecution will make an early plea bargain offer, it is vital that your criminal defense attorney understand all of the constitutional issues in your case, before you evaluate that offer or decide to go to trial. The Law Office of David H. Fuller focuses on constitutional law issues and takes care to stay current with changes in constitutional law, so that the firm can protect your rights.
