Mar 21, 2024

Washington Drug Trafficking Lawyers

Drug trafficking charges can lead to very severe consequences in Washington, ranging from hefty fines and probation to many years behind bars. But, with an experienced criminal defense attorney on your side, you may be able to minimize penalties or even beat the criminal charges altogether. This article explains why you need a lawyer for drug trafficking accusations, examines possible defenses. The Spodek Law Group is here to help you.

Why Do I Need a Lawyer?

Facing drug charges alone can be frightening. Prosecutors know most defendants have no legal knowledge, so they will try to steamroll you into accepting a bad plea deal or harsh jail sentence. An attorney levels the playing field, and makes sure your rights are protected.

Reasons you need a drug trafficking lawyer include, but are not limited to:

Navigating Laws and Charges

Drug trafficking laws in Washington are complicated, with harsh mandatory minimums and sentencing enhancements that can quickly add up. For instance, selling narcotics within 1,000 feet of a school bus stop can result in double prison time. Your attorney understands these laws inside and out. Your attorney can review the facts of your case to identify the exact charges you face and any available defenses.

Avoiding Mistakes

When fighting criminal charges, any mistake can sabotage your case. From saying the wrong thing during questioning, to submitting faulty paperwork, simple errors can have enormous consequences. A drug trafficking lawyer handles these cases, and won’t make rookie mistakes which jeopardize your defense.

Plea Bargaining and Sentencing

Over 90% of criminal defense cases end in plea deals instead of trials. Your attorney negotiates with the prosecutor on your behalf to reduce charges and penalties. Your attorney also argues for the lightest sentence possible. Without a criminal lawyer, you have to handle plea bargaining alone against prosecutors.

Challenging Evidence and Statements

Prosecutors often use questionable evidence and statements against defendants. This means improper police searches, coercion, witness misidentification, and more. Your attorney can look closely at the prosecutor’s case, object to inadmissible evidence, and suppress illegally obtained evidence and statements so they cannot be used against you.

Presenting a Strong Defense

Criminal law has complex rules about what evidence, and arguments are admissible in court. Skilled drug trafficking lawyers understand how to present a compelling defense within these constraints. They can call expert witnesses, introduce evidence in your favor, and make strategic legal arguments to raise doubt about the prosecution’s version of events.

Drug trafficking charges expose you to years behind bars and other serious penalties. Defending yourself is extremely risky, while hiring a lawyer leverages experienced legal guidance in your favor.

What Are Possible Defenses in My Criminal Case?

Just because you have been accused of drug trafficking doesn’t mean you have no options. Depending on the circumstances of your case, your attorney may be able to get charges reduced, or dismissed. Below are some of the most common defenses against Washington drug trafficking accusations:

You Didn’t Actually Sell Drugs

Trafficking charges often rely heavily on circumstantial evidence. If the prosecution’s case depends on shaky assumptions, and you were not caught selling drugs directly, your attorney can argue there is too much reasonable doubt for a conviction.

You Had No Knowledge of the Drugs

It is illegal to knowingly transport drugs with intent to distribute. But, what if someone secretly stashed narcotics in your luggage, or vehicle without your knowledge? In situations where you did not know about the presence of contraband, your lawyer can argue you should not face trafficking charges.

Entrapment

Entrapment occurs when police improperly encourage, or coerce you, into committing a crime you otherwise wouldn’t commit. Some undercover officers often make repeated attempts to buy drugs from reluctant targets. Your lawyer can argue you only sold drugs due to entrapment, not criminal intent.

Illegal Search and Seizure

Rules dictate how police can search property, and vehicles without a warrant. If drugs were discovered through an illegal search, your attorney can file a suppression motion. If successful, the judge tosses illegally obtained evidence so it cannot be used against you. That can sometimes literally take apart the entire case and dismantle it.

Misidentification

Eyewitnesses and confidential informants are often mistaken. Your lawyer will scrutinize any police identification procedures for behavior undermining reliability. They can also focus on flaws in descriptions of the perpetrators. This creates reasonable doubt about your involvement in the crime.

Sentencing Entrapment

Trafficking charges depend on the quantity of drugs involved. Undercover police could have illegally induced you to sell larger amounts than you probably would have. Your lawyer can argue sentencing entrapment occurred, possibly reducing penalties in the final outcome.

By identifying problems with the prosecution’s version of events, drug trafficking lawyers can get charges dropped, reduced, or mitigated. But every case is different, so it’s extremely important to consult an attorney to discuss defenses specific to your circumstances.

How Do I Find the Best Drug Trafficking Lawyer?

All attorneys are not equal when mounting an aggressive drug trafficking defense. You want a criminal defense lawyer with extensive experience, relevant skills, and a proven record of success in cases similar to yours. Consider these tips when comparing criminal defense attorneys:

Seek Experience

Find lawyers focusing specifically on drug crime cases, not those who simply dabble in criminal defense as one practice area among many. You don’t want a jack of all trades you want a master of drug trafficking criminal defense. Ask about their specific experience defending trafficking accusations like yours. The best lawyers bring deep knowledge of Washington drug statutes and courtroom strategy to the table when talking to you, and when defending you.

Evaluate Resources and Credentials

A private criminal defense firm with adequate staff and resources is preferable to an overburdened public defender with hundreds of cases.

Review Case Results

The most important metric is an attorney’s record in drug trafficking cases. Do they have strong experience in getting charges dismissed pre-trial, reaching favorable plea bargains, or prevailing at trial? Be wary of guarantees of outcomes. Ask for references from past clients.

Understanding Washington Drug Trafficking Penalties

According to RCW 69.50.401, trafficking penalties in Washington vary based on:

• Schedule I or II narcotics: Class B felony, up to 10 years in prison
• Less than 2kg: Fine up to $25,000
• 2kg or more: Fine up to $100,000 for first 2kg, plus $50 per gram over 2kg
• Methamphetamine or amphetamine: Same penalties as Schedule I/II narcotics
• Other Schedule I, II, III substances: Class C felony, up to 5 years, $10,000 fine

Sentencing Enhancements in Protected Zones

Drug offenses in protected zones carry enhanced penalties of 24 months added to the presumptive sentence. Protected zones include:

• Within 1,000 feet of:
  • School grounds
  • School bus route stops
  • Public parks
  • Public transit stops
  • Public housing designated as drug-free zones
  • Civic centers designated as drug-free zones

Maximum imprisonment and fines are doubled for offenses in these zones.

Federal vs. State Charges

Drug trafficking can be prosecuted at either state or federal level. Federal penalties are typically more severe, with mandatory minimum sentences ranging from 5 to 40 years for first offenses, depending on drug type and quantity.

Your Rights During Drug Trafficking Investigations

Constitutional Protections

The Fourth Amendment protects you from unreasonable searches and seizures. This means law enforcement must have:

• A valid search warrant based on probable cause
• Your consent to search
• Exigent circumstances justifying immediate action
• Evidence in plain view during a lawful encounter

The Exclusionary Rule

Evidence obtained through illegal searches must be suppressed, regardless of its relevance to the case. This “fruit of the poisonous tree” doctrine extends to any evidence discovered as a result of the initial illegal search.

Recent Legal Developments

The 2021 State v. Blake decision significantly impacted Washington drug laws. The court ruled that the state’s drug possession statute was unconstitutional because it criminalized unknowing possession. This has led to changes in how drug cases are prosecuted and may provide additional defenses in trafficking cases.

Building Your Defense Strategy

Immediate Steps After Arrest

If you’re arrested for drug trafficking:

• Exercise your right to remain silent – Don’t discuss the case with anyone except your attorney
• Request an attorney immediately – This stops police questioning
• Document everything – Write down details while they’re fresh
• Preserve evidence – Keep any documents, texts, or other potential evidence
• Avoid social media – Prosecutors monitor online activity

Working With Your Attorney

To build the strongest defense, provide your attorney with:

• Complete honesty about the circumstances
• All relevant documents and communications
• Names of potential witnesses
• Details about the arrest and search
• Your criminal history, if any

Alternative Sentencing Options

Washington offers several alternatives to incarceration for drug offenses:

Drug Court Programs

Available in multiple counties including:

• King County
• Pierce County
• Spokane County
• Snohomish County
• Thurston County
• Clark County
• Yakima County

These programs focus on treatment rather than punishment, offering rehabilitation in exchange for reduced or dismissed charges.

Deferred Prosecution

First-time offenders may qualify for deferred prosecution, where charges are dismissed after completing court-ordered conditions such as:

• Drug treatment programs
• Community service
• Regular drug testing
• Counseling sessions

The Importance of Timing

Prosecutors must file charges within specific time limits. In Washington:

• You must appear before a judge within 24-72 hours of arrest
• If no charges are filed within 72 hours, you should be released
• However, charges can still be filed later after investigation

Act Quickly to Protect Your Rights

The sooner you hire an attorney, the better your chances of:

• Preserving crucial evidence
• Identifying witnesses while memories are fresh
• Preventing harmful statements to police
• Negotiating with prosecutors early
• Exploring pre-trial diversion options

Washington Drug Trafficking Lawyers