Serious consequences can accompany misdemeanor drug possession charges. You should understand the potential penalties and available legal defenses if you find yourself in this situation.
Potential penalties
In Washington, possessing small amounts of controlled substances like certain prescription drugs without a prescription, and small amounts of other controlled substances can lead to a misdemeanor charge. Adults over 21 can legally possess marijuana under certain quantities; however, possessing larger amounts or minors possessing any amount can lead to charges. For a first offense, you may face up to 90 days in jail and a fine of up to $1,000.
Sentencing alternatives
Washington has specific guidelines and sentencing alternatives for first-time offenders, such as diversion programs. If you have previous offenses, the penalties can increase, including longer jail sentences and higher fines. The court might require you to participate in drug treatment programs or community service.
Common legal defenses
Defendants in Washington can use several defenses against misdemeanor drug possession charges. One common defense challenges the legality of the search and seizure that led to the drug discovery. If law enforcement violates your Fourth Amendment rights, the court might dismiss the evidence.
Another defense involves proving the drugs did not belong to you, showing that you had no knowledge or control over them. Showing that the substance is not controlled can also be a valid defense. Lawyers can sometimes use entrapment or coercion by law enforcement as a defense, though it is less common.
Understanding the penalties and defenses for misdemeanor drug possession charges in Washington helps navigate the complexities of the legal system. While the situation is serious, being informed about your rights and the legal process can make a significant difference in how you handle your case.