When someone is charged with a drug crime in Washington, one of the most important (and sometimes confusing) elements is “possession.” Understanding the proper definition of possession can make a big difference in how your case is defended. Please contact a skilled Seattle criminal defense attorney now if you were charged with a drug offense.
Understanding Drug Possession Under Washington Law
In Washington, it’s illegal to possess controlled substances without a valid prescription or legal authorization. However, please note that “possession” doesn’t always mean that drugs were found in your pocket or hand.
The law actually recognizes three different types of possession, and prosecutors can use any of them to pursue charges. The three types of possession are:
- Actual Possession – This occurs when drugs are found directly on you (for example, in your pocket, backpack, or wallet). It’s the most straightforward form of possession, but even then, your lawyer may challenge whether you knowingly had the drugs.
- Constructive Possession – Constructive possession is more complicated. It applies when drugs aren’t found on your person but are discovered in a place you have dominion and control over (such as your car, home, or storage unit).
- Joint Possession – In some cases, two or more people can share possession of the same substance. If drugs are found in a common area, like a living room table, everyone present could be accused of possessing them.
The Importance of “Knowledge”
A key element in any possession case is knowledge.
Prosecutors must show that you knew the drugs in question were present and that you intended to exercise control over them.
If you genuinely didn’t know drugs were in your home, car, or belongings (for example, if a friend left them behind) you may have a strong defense.
Defenses to Drug Possession Charges
A skilled criminal defense lawyer can challenge a possession charge in several ways. These include by arguing:
- Lack of knowledge, or you didn’t know the drugs in question were present.
- Illegal search and seizure, or the police violated your constitutional rights during a stop or search.
- Lack of control, or the drugs were found in an area not under your dominion or control.
- Shared space, or other people had access to the area where the drugs were found.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge a drug possession charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on various drug charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
* Main image at top by freepik
