Possession of Controlled Substance Charges Invalidated in Washington - Vancouver WA Criminal Defense Attorney | DUI Lawyer

Possession of Controlled Substance Charges Invalidated

The State of Washington has invalidated convictions for Possession of Controlled Substance going back forever. There is no limit to the number of convictions you have or the amount in possession. You may be eligible to have that charge vacated, any money paid refunded and your firearm rights restored.

On February 25, 2021, the Washington Supreme Court invalidated all possession of controlled substance convictions in their ruling in State v. Blake. The court ruled that the law criminalizing possession of drugs without having to prove that you knew you were in possession of drugs was outside the authority of the government. As a result ALL convictions are invalid.

In addition to possession charges, convictions for unlawful possession of firearms or bail jumping are also invalid if the underlying charge was possession of controlled substance.

You Qualify If

You were convicted of simple Possession of Controlled Substance
You were convicted of a felony that was a result of a simple PCS conviction.
You were convicted of another charge in a plea bargain were the original charge was simple possession.

You Do Not Qualify If

You were convicted of Possession with Intent, Manufacturing or Delivering Controlled Substances.
Your original charge was a greater charge and you plea bargained to Possession of Controlled Substance.

How to Dismiss Your Charge

The court will not automatically vacate your conviction. You have to file paperwork with the court to demand that your charge gets dismissed, your money refunded and your gun rights restored. We are handling these cases across the state and we offer a free consultation.

Results

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Introduction Navigating a domestic violence charge can be daunting, especially when the accusations are unfounded. Our recent victory in an Assault 4 Domestic Violence case showcases the importance of a robust defense strategy and thorough investigation. Here’s how we turned a challenging situation into a successful dismissal. The Case Our ... Read more

Assault 3 Domestic Violence – Felony – Dismissed

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Feb 29, 2024

by GC on Kris Carrasco Attorney at Law

Out of State Restraining Order

I was in a horrible situation where the mother of my son had me arrested on false claims so she could kidnap our son and move to Washington from California. She filed a restraining order when she got to Washington, listing our son as a protected party and claimed I had been abusive to her and him, writing a statement filled with lies and stories going back many years. She went so far as to have her family members, whom had never left Washington submit statements as well. The whole thing was disturbing and as a result I wasn't able to see my son for months. Kris didn't get dragged into arguing the meritless claims she made but instead focused on the actual law. Washington did not have jurisdiction over me and as a result a restraining order was not legal. A temp judge granted the restraining order and Kris made the judge explain on the stand multiple times how Washington had jurisdiction. She could not. He filed a motion for reconsideration shortly after outlining case law and making it clear that the temp judge had made a mistake. A commissioner reviewed and granted the motion for reconsideration. As a result, I was able to be reunited with my son, 102 days later. Kris is an amazing lawyer and I can't thank him enough for what he did for me and my son. Don't hesitate to hire him.