Drugs

Charged With a Drug Crime?

For nearly two decades, the seasoned attorneys at the Law Offices of Kevin Trombold have been defending people against drug charges involving marijuana, cocaine, methamphetamines, barbiturates and other illegal substances. We understand how much is at stake – your ability to work, drive, own a home and keep a student loan. We also understand how terrifying the stiff sentences that accompany convictions for these crimes can be.

Our dedicated attorneys have handled hundreds of drug cases, ranging from straightforward cases of possession of a bag of marijuana to complicated drug trafficking cases involving cocaine and methamphetamine. Our experienced attorneys are well versed in the intricacies of Washington’s complex Violation of Uniform Controlled Substance Act, or VUSCA, and its Sentencing Reform Act and can guide you smoothly through the legal system. For instance, many drug cases involve search and seizure laws that are not followed correctly by law enforcement officers. A strong, early examination of the facts surrounding your case, beginning with the first police report and any search warrants, can lead us to technical motions to suppress evidence. Tactical motions often lead to an early dismissal or a reduction in charges.

Our clients often praise us for our skills in negotiating. We have worked for many years with the region’s prosecutors and judges and have earned their respect. The combination of our expertise in state and federal drug laws, our firm’s dedication to vigorous investigation of every drug case, and those courthouse-working relationships do result in better deals for our clients. Please take advantage of our offer of a free first consultation. It is essential that we meet early in your case so we have the best chance of winning the outcome you deserve. (read testimonials here)

More and More Drug Crimes – a Cultural Obsession

What began as President Ronald Reagan’s “War on Drugs” in the 1980′s quickly became a contest between politicians to put even tougher drug laws on the books. Washington State’s Legislature has been in the process of enacting tougher drug laws annually for nearly thirty years. The resulting maze of statutes and mandatory sentence formulas has filled our prisons with nonviolent offenders. Drug crimes range from simple misdemeanors carrying up to ninety days in jail to Class B Felonies carrying sentences of up to ten years.

Consider the small-scale marijuana grower charged with Cultivation, Delivery, or Sale of Marijuana, a Class C felony. This nonviolent crime can turn an otherwise law abiding person growing marijuana plants for personal consumption into a felon facing five years incarceration. At Trombold Law we understand the outsized penalties you face and will work aggressively to get your charges reduced or dismissed as we have for hundreds of clients before you.

Drug Laws Are Numerous and Complicated

The Violation of the Uniform Controlled Substance Act, or VUCSA, consists of four hundred pages of statutes organizing hundreds of drugs into schedules defining drug crimes. Also known as Title 69 of the Revised Code of Washington, this statute tells us that it is lawful for the doctor to prescribe medication for an illness and that the drug dealer on the corner must go to prison for ten years for the rock of cocaine he sold. Adding another layer of complication, all felony drug crimes are also governed by a separate sentencing statute, the Sentencing Reform Act of 1981 (SRA). This act mandates that all felony sentences be determined by a range composed of the offender’s score on one axis and the seriousness of the offense on the other axis. (See chart below) Only lawyers who have negotiated hundreds and tried dozens of drugs cases can truly be called proficient in this area of law. We have been defending people from the weight of these laws for nearly 20 years and successfully preserving their liberty, their jobs, and their relationships.

Understanding Your Drug Charge

Felony v. Misdemeanor

The best first step to understanding the ramifications of your drug arrest is to take advantage of the free first consultation we offer our potential clients at our downtown Seattle office. We work hard in these meetings to educate you about the charges and possible legal strategies. It is much easier for us explain the statutes in a calm space where we can spread out charts and graphs for you. But if you want to research some of the puzzle yourself, the first step in understanding the various laws is understanding how crimes are defined. Felonies are broken down into three classes and Misdemeanors fall into two classes.

Class A Felony Life and $50,000
Class B Felony Ten years and $20,000
Class C Felony Five years and $10,000
Gross Misdemeanor One year and $5000
Misdemeanor 90 days and $1000

Identify the Different Drug Schedules

The second step to understanding the charges you are facing is to identify the schedule that your drug falls into. It could be Schedule I through V.

Schedule I drugs, which include narcotics, opium derivatives, hallucinogens, and some depressants and stimulants are seen by the Legislature as having no redeeming value and are punished the most severely. See the list of the Schedule I drugs here. Schedule II drugs have some medical uses but have the same risks and potential for abuse dangers as the Schedule I drugs. See the list for Schedule II drugs here. Schedule III, IV, and V substances are punished less severely by the legislature. See the lists here.

Identify the Sentencing Grid that Applies

The Sentencing Guidelines Commission of Washington State (SGC) puts together an manual that aids lawyers and judges through the complex labyrinth of felony sentencing annually. You can read it here. Or you can read the actual statutes here. The drug sentencing grid can be read here. To figure out what “level” of offense your drug crime falls into use this list here.

Identify Any Enhancements that Apply

Enhancements of drug charges are common and can be wielded by the prosecutor to prevent you from exercising your constitutional right to trial. By stacking up a combination of sentences and enhancements, the prosecutor can ensure that you are facing so much prison time that you will never risk going to trial. The prison time from an enhancement often is larger than the standard range of the original drug charge itself. Enhancements can be based on where the alleged crime happened, such as within a school zone or jail, whether children were involved, and whether firearms or other deadly weapons were present. Worst of all, enhancements are consecutive, adding years of prison time on top of all other sentences or enhancements. The Sentencing Guidelines Commission provides good summaries of the various enhancements. They can be found here or in the actual statutes below. Again, we urge you to call us for a fist, free meeting to discuss your case.

Public Places

Sale to Minor

Drugs in Jail

Firearms or Other Deadly Weapon

License Suspension for Juvenile Offenders

This penalty only affects people under 18. Juveniles who are convicted of drug possession or any other drug crimes will lose their license for at least 90 days. They can lose it for longer periods, depending on various conditions, but can petition to reinstate it after 90 days. Read the statute here.

Alternatives to the Sentencing Grid

There are three alternative penalties to the standard sentences mandated by the Sentencing Reform Act that can be negotiated with judges and prosecutors: Drug Court, the Drug Offense Sentencing Alternative, and the First Time Offender Waiver.

Drug Courts – Nonviolent Offenders Avoid Prison By Staying Clean

Over the last ten years, drug courts have been established as a cheaper and more successful alternative to prison. In exchange for giving up your right to contest your charges, you avoid all prison time and get your case dismissed. Entry into drug court requires a waiver of most of your constitutional rights, drug treatment with urinalysis testing, and lots of court hearings. There are two sets of laws governing admission into Drug Courts: the state law and rules set by the local courts. Statewide, you are excluded if you have been convicted or the current charge is a serious violent offense, sex offense, a offense involving a firearm, or resulted in “substantial or great bodily harm or death.” Listed below are King, Pierce, and Snohomish County’s local rules for admission.

Read Washington State’s Drug Court statute here, King Counties Rules here, Pierce Counties Rules here and Snohomish Counties Rules here. The Washington State Institute for Public Policy has studied how Drug Court saves money and reduces recidivism. Read their 1999 report here. And their 2003 report here. The Washington State Association of Drug Court Professionals information is here.

DOSA – Drug Treatment and Less Prison Time In Cases With Small Quantities Of Controlled Substances

The Drug Offender Sentencing Alternative (DOSA) reduces your sentence by fifty percent if you enter chemical dependency treatment. Obviously a better alternative to sitting in prison, outpatient treatment allows you to rebuild your life. A DOSA sentence may be imposed by the sentencing judge if for you have been convicted of a non-violent, non-sex offense. You will not quality for DOSA if you have been charged or convicted of a sex offense, an offense involving a weapon enhancement, or a violent offense within the past ten years. Additionally, the court must determine that the offense involved a small quantity of the controlled substance.

This may seem confusing, but what the sentencing judge actually imposes is a sentence of one-half of the midpoint of the “presumptive standard range” for the offense, to be served in a prison facility. The remainder of the midpoint of the standard range is served as a term of community custody, or probation, which must include substance abuse treatment. Read the DOSA statute here.

First Time Offender Waiver

You are eligible for the First-time Offender Waiver if you have no prior felony convictions and the current charge is not a violent offense, sex offense or high-level drug offense. If the First-time Offender Waiver is used, the standard range is waived and you may receive up to 90 days in jail, two years of community supervision, crime-related prohibitions and requirements for affirmative conduct. Drug offenses that are excluded include several of the higher end crimes: Manufacturing, Delivering, or Possession with Intent to Deliver a Schedule I drug, Schedule II narcotic, or Methamphetamine. Also excluded are Felony DUIs. Read the First Time Offender Waiver here.