Drug Crimes

Spokane Drug Crimes Defense Lawyer

Nearly all drug crimes, except for possession of less than 40 grams of marijuana, are felonies in Washington state. A felony conviction may result in a mandatory prison sentence, loss of civil rights, loss of gun ownership rights, and a criminal record that could make it difficult for you to find future employment. If you are a student, it could also mean a loss of eligibility for student loans.

My name is Christian Phelps, and I am an experienced criminal defense lawyer in Spokane, Washington. I have litigated over 1,000 criminal cases over the past 12 years in Washington, including possession, possession with intent to distribute, manufacturing, and delivery of drugs such as cocaine, crack, methamphetamines, marijuana, and heroin. I can help you with drug cases in both state and federal court.

Drug possession charges can vary greatly based on the substance, especially in federal court. Possession of 5 grams of crack cocaine carries a mandatory five-year prison sentence in federal court, but possession of 500 grams of powder cocaine has the same penalty.

Not only are there disparities in sentencing for different substances, but there are also enhancements to worry about. Drug charges will be enhanced if you are arrested within 1,000 feet of a school zone, school bus stop, or public park. Keep in mind that in most towns there are few areas that aren't within 1,000 feet of a school zone, school bus stop, or city park.

Nearly every criminal drug case will generate a civil forfeiture case. The state can seize any property that is derived from or used in the commission of a felony, including money, automobiles, and real property such as homes. This means that if you are accused of using your car to transport drugs, the government can seize your car. Similarly, if you have been selling drugs out of your house, the government can seize your home.

Drug charges certainly have serious consequences, but there are defenses an experienced lawyer can use to help you obtain the best possible outcome. As your attorney I will begin by examining the legality and constitutionality of any search and seizure the police performed to gather evidence against you. If the police did not have a valid reason to stop you or a valid warrant to enter your home, the drug evidence can be suppressed. I can also challenge the credibility of the police officer and any witnesses against you.

If you are a first-time offender, a drug diversion program may be available. While you will need to attend drug treatment programs, successful completion of a drug diversion program will enable you to avoid jail time and a criminal conviction.

Contact us for your free consultation: if you face charges of possession or delivery of any controlled substance in Washington or Oregon, don't talk to police or anyone else until you have talked with Spokane criminal defense attorney Christian Phelps.