FAQs

Although possession of 40 grams or less of marijuana is a simple misdemeanor, the sale, cultivation or delivery of any amount of marijuana, no matter how small, is a C felony and is punishable by up to 5 years in jail and a $10,000 fine.

Yes, if you are convicted of selling a controlled substance to an individual under 18 years of age who is more than three years younger than you, you could face increased jail times and fines.

Under very limited circumstances, yes. Being a qualified individual covered by Washington State's Medical Marijuana Act is an affirmative defense in state and local courts to criminal charges relating to growing, possessing, or administering medical marijuana. See our

Yes, it is possible for the State to prove that you had possession of a controlled substance even if you didn't actually have the drugs in your hand or on your person. This is called "constructive possession" and often times the State need only show that the drugs were in your dominion and control. For example, if the drugs were found in a car you were traveling in or inside a bag found in close proximity to where you were arrested with your ID in the bag, the State may try to show that you had constructive possession of the drugs (proximity to drugs alone is not enough to prove constructive possession).

Possibly, this may lead to the suppression of any statements you may have made to the officer after your arrest.

Having a clean criminal record can help in negotiating your case. Your criminal history, or lack of history, would generally not be relevant if your case went to trial.

We recommend that you dress professionally - as though you are going to a job interview. Definitely do not wear the following: shorts, tank tops, or hats -- some Judges will refuse to allow you in the courtroom wearing such items. Also, do not chew gum in court!

You should keep a file of all documents relevant to your case and bring this to court every time you appear. Also, if the judge has ordered you to attend self help meetings like AA or be in treatment - make sure you bring proof of this (in writing) to every court hearing.

First, you are asked to enter a plea of guilty or not guilty. We recommend that you enter a plea of not guilty so that you have adequate time to hire a lawyer and evaluate all the options available to you on your case. The court will also address conditions of your release that will be imposed while your case is pending. These conditions can include: posting bail or bond; entering into a drug or alcohol treatment program or attending self help meetings like AA; a no contact order; or even electronic home monitoring.

Absolutely not. Judges understand that this is an important step and some will not even allow you to plead guilty until you have had time to consult with an attorney about your case.

Bail is an amount of money posted with the court as a sort of insurance that you will appear at all your court appearances and follow all the orders of the court. You may post 10% of this bail amount with a bail bonding company (with collateral) as well. If you post cash bail with the court - you will get all this money back at the end of your case. If you use a bail bonds company, you will not receive the 10% fee back.

Generally, yes. It is not uncommon for a criminal case to be continued at least one time so that your attorney has adequate time to investigate the charges and negotiate with the prosecutor.

This is a hearing a week or two prior to your trial date. At this hearing you confirm your readiness for trial and confirm the actual trial date.

This is a trial where people from the community (a jury) hear all the evidence and then make a decision about your guilt or innocence.

No, you cannot be required to take the stand at trial and testify.

No, it would be improper for a judge to increase the penalty just because someone exercised their right to proceed to trial. However, sometimes the prosecutor will file additional charges if a case proceeds to trial. This can increase the possible penalties.

At sentencing you may speak (or write a letter) on your own behalf. You may also have friends or family speak (or write letters) on your behalf. At sentencing it is appropriate to accept responsibility for your actions and apologize. If you feel uncomfortable doing this, or feel that it is inaccurate in your circumstance, you should not say anything. You are not required to speak at your sentencing.

Sometimes, yes, but not generally. It is more common for a court to give you a commitment date by which you have to turn yourself in to the jail.

It depends. Your employer may require that you have a clean criminal record. Additionally, if your job requires you to carry a firearm and you are prohibited from doing so by your conviction, you would lose your job.

Possibly, the court will likely send notices of court dates to your home in the mail and they may call your home and leave a message about your court date. Your case is part of the public record and available to anyone who wishes to pull the court records.

Generally, a criminal case takes between three and six months to be resolved after charges are filed. You could then be on probation for a period of time after that.

Possibly, under certain circumstances. Talk to your attorney about this.

Drug and VUCSA related allegations have very serious immigration consequences. It is crucial that your attorney knows you are not a citizen and that your attorney either understands the potential immigration consequences or consults with an immigration attorney on your case.

Bring as much information about your case as you have - particularly any documents from the court or police. It is also helpful to bring a list of whatever questions or concerns you have about your case - so you don't forget anything.

Absolutely not. A lawyer is ethically prevented from discussing anything about you or your case unless you specifically give him or her permission to do so.

It is very important that you meet with the lawyer in person to discuss your case and his/her qualifications. Do not hesitate to ask a lawyer about his/her experience with cases like yours. You should feel confident that your lawyer is going to work hard for you and protect your rights and interests.