An Overview of Drug Delivery or Possession with Intent Charges
Washington State, like any other state in our country, punishes the delivery of a controlled substance unless authorized by law (Violation of the Uniform Controlled Substance Act - VUCSA). It is a felony crime that can lead to imprisonment and substantial monetary fines. If you are charged with unlawful delivery of controlled a substance in Washington State, it is important to speak with an experienced criminal defense attorney to help you.
At The Curtis Firm LLC, we are experienced in helping people who have been in your shoes in the past and we are at your service as well. We can start with free initial consultation, where we'll give you an idea about the seriousness of your charges and the options for a successful defense. You'll know whether you can expect your charges to be reduced or dismissed and possibly remove the fear you feel now.
What is Sale/Delivery of a Controlled Substance?
Controlled Substances consist of illegal drugs and prescription drugs. While you may legally obtain a prescription drug with a valid prescription from your medical provider, you must possess legal authorization to deliver it to other people. If you do it without the proper authorization, you commit a crime and can be charged in criminal court.
In Washington, the unlawful delivery of controlled substances is a felony. It may be a Class B felony or a Class C felony, depending on various circumstances of the case, but mostly from the type of the drug you are accused of delivering. The drugs are listed in Schedules to the laws (Chapter 69.50 RCW: UNIFORM CONTROLLED SUBSTANCES ACT). They are grouped according to various criteria and each group equals to different severity of punishment. It is difficult for most people to determine the penalties associated with the type of drugs involved in your crime. Only an experienced lawyer who is familiar with the details of your case may provide you with competent advice.
According the Drug Enforcement Agency (DEA), drugs, substances, and certain chemicals used to make drugs are classified into five (5) distinct categories or schedules depending upon the drug's acceptable medical use and the drug's abuse or dependence potential. The abuse rate is a determinant factor in the scheduling of the drug; for example, Schedule I drugs have a high potential for abuse and the potential to create severe psychological and/or physical dependence. As the drug schedule changes-- Schedule II, Schedule III, etc., so does the abuse potential-- Schedule V drugs represents the least potential for abuse.
For a complete list of controlled substances and the corresponding Schedules (in alphabetical order) click here
Is Defense Against Delivery Charges Possible?
Yes, it is possible and is very real. In many cases, charged persons are being caught through an informant. An informant (also known as a snitch) is a person who lets the police know that you are about to deliver them a controlled substance. As soon as the transaction is being made, you're busted. These informants are paid or working off their own charges. Most informants have extensive criminal history and work under the influence of drugs. As a former Deputy Prosecutor, James has extensive experience in evaluating informants and flushing out their deceptive behavior.
You may think that there is no defense for you in such a situation, but that's far from the truth. In many cases, the law enforcement knowingly and unknowingly violate the your constitutional rights in order to secure a conviction. The way the transaction is made, the way you are arrested, the substances are seized, must be done in a way that doesn't violate your rights. If they make some mistake in the process, the evidence obtained may not be used against you. Without evidence, you cannot be convicted.
If the evidence cannot be suppressed, then there are other strategies we could employ to get your charges reduced or dismissed, get a good offer in the negotiations with the prosecutor, or prevail at trial. An experience drug defense attorney can employ multiple strategies to help you get out of trouble.
Defense Lawyer for Violation of the Uniform Controlled Substance Act (VUCSA)
The Curtis Firm, LLC is equipped with the necessary experience to defend you against drug delivery charges. Let's start with a free initial consultation and develop your defense. We assure you that there is a way to resolve your case.
If you need help with a charge with VUCSA in Tukwila, call us at (253) 327-1063. We have defended people in your position in the past and we can help you as well.