How to Fight Drug Charges in Washington State: A Guide
- Dharmendar SRIRAMOJU
- Sep 16
- 5 min read
The Ultimate Guide to Fighting Drug Charges in Washington State
By Lyliane Couture, Former Prosecutor with over 15 Years of Experience Defending Drug Cases in Washington.
If you are facing drug charges under the Washington State Violation Uniform Controlled Substances Act (VUCSA) RCW 69.50, the most effective way to fight a drug charge in Washington State involves challenging the legality of the police search and scrutinizing the evidence for procedural errors.
An arrest is not the end of the story; it is the beginning of your defense. This guide provides a clear, step-by-step plan for anyone facing a drug charge, from the initial arrest to building a strong legal strategy.
Key Steps to Fight Your Drug Charge
Here are the most critical steps to take when facing a drug charge in Washington:
Remain silent. Immediately invoke your right to remain silent and request to speak with a drug defense attorney.
Do not consent to a search. Never give police permission to search your person, vehicle, or home. Let them obtain a warrant if they have cause.
Challenge the evidence. Every piece of the prosecutor's case, from an illegal traffic stop to the lab results, can and should be questioned.
Explore alternatives. For some offenses, options like drug diversion programs may lead to a dismissal without a conviction.
Contact a drug defense lawyer immediately. The actions you take in the first few hours can significantly impact the outcome of your case.
Step 1: What to Do in the First 48 Hours After a Drug Arrest
The choices made immediately following an arrest are critical. Knowing how to protect your rights can prevent simple mistakes that are difficult to undo later.
Invoke Your Rights
You have a constitutional right to remain silent and to have an attorney present during questioning. State this clearly and calmly: "I am going to remain silent. I would like to speak with a lawyer." After you say this, do not answer any more questions about the incident.
Document Everything
As soon as you are able, write down every detail you can remember about the arrest. Include the time, location, what the officers said, who was present, and the sequence of events. Memories fade quickly, and these details can become crucial evidence for your defense.
Preserve Evidence
If you have access to your phone, save any relevant text messages, call logs, or photos that could help establish a timeline or provide context. Make a note of any potential witnesses and their contact information.
Step 2: Understanding the Charge Against You
Washington's drug laws are complex and have undergone significant changes. Understanding the specific charge you face is the first step in building a defense.
Simple Possession (RCW 69.50.4013)
This is the most common drug charge, referring to knowingly possessing a controlled substance for personal use. Following the Washington Supreme Court's decision in State v. Blake, the legal landscape for simple possession has changed dramatically. While the ruling initially invalidated the state's felony drug possession law, subsequent legislation has made simple possession a gross misdemeanor. This evolving situation makes experienced legal guidance more important than ever.
Possession with Intent to Deliver (PWID)
A far more serious charge, PWID alleges you possessed a controlled substance with the intent to sell or distribute it. Prosecutors use factors like the quantity of the drug, the presence of scales, plastic baggies, or large amounts of cash to elevate a simple possession charge to PWID, which often carries felony penalties.
What is "Constructive Possession"?
You can be charged with possession even if the drugs were not found on your person. Constructive possession means you had control over the area where the drugs were found, such as in your car's glove compartment or under a seat. Fighting this charge often involves proving you did not know the drugs were there.
Step 3: Building Your Defense Strategy
A strong defense is built by carefully examining every action taken by law enforcement and every piece of evidence they present.
Defense 1: Unlawful Search and Seizure
The Fourth Amendment protects you from unreasonable searches. If police found evidence during an illegal search, your attorney can file a motion to suppress it, meaning the prosecutor cannot use it against you. This includes:
A traffic stop made without probable cause.
A search of your car or home without a valid warrant or your consent.
An improper "pat-down" that went beyond a search for weapons.
Defense 2: Challenging the Evidence
The prosecution's evidence is rarely perfect. A thorough defense investigates potential weaknesses, such as:
Chain of Custody: The prosecution must prove the alleged drugs were properly handled and tracked from the moment of seizure to the courtroom. Any break in this chain can invalidate the evidence.
Forensic Lab Errors: Crime labs can make mistakes. Challenging the accuracy of lab results or procedures can create reasonable doubt.
Defense 3: It Wasn't Yours
In constructive possession cases, the prosecution must prove you knew the drugs were present. A common defense is to argue that you had no knowledge of the substance, especially if you were in a shared car or home where others had access.
Defense 4: Exploring Alternatives to Trial
For some, especially first-time offenders, a conviction is not the only outcome. An attorney can negotiate for alternatives like a drug diversion program or a deferred sentence. Completing the terms of these programs, which often include treatment and probation, can result in the charges being dismissed.
Frequently Asked Questions (FAQ)
What are the penalties for a first-time drug possession charge in Washington?
As a gross misdemeanor, a first-time conviction for simple possession can include up to 364 days in jail and a fine of up to $5,000. However, sentences can often be reduced or replaced with treatment alternatives, especially with effective legal representation.
Can a drug charge ever be removed from my record?
Yes. Depending on the outcome of your case and your criminal history, it may be possible to have a conviction vacated or sealed. This process, known as expungement, is a core focus at Delete Record, as we believe a past mistake shouldn't permanently limit your future.
How much does it cost to hire a drug defense lawyer?
Costs vary based on the complexity of the case. Most reputable defense attorneys offer a free initial consultation to discuss your case and provide a clear understanding of their fee structure.
Do I really need a lawyer if it's just a misdemeanor charge?
Absolutely. A misdemeanor conviction still creates a permanent criminal record that can affect employment, housing, and professional licenses. An experienced lawyer gives you the best chance to avoid that outcome.
Take Control of Your Case Today
An arrest is not a conviction. The Washington legal system is complex, but a strategic defense can protect your rights and your future. At Delete Record, our attorneys use their deep experience, including time spent as prosecutors, to find the weaknesses in the state's case against you and fight for the best possible outcome.
Don't wait to build your defense.
Contact Lyliane Couture at Delete Record today for a free, completely confidential consultation to discuss your case and learn how we can help.
