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PCS Delivery Defense Attorneys

Skilled defense against possession with intent to deliver charges in Vancouver, WA and throughout Clark County.

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Under Washington law, delivery of a controlled substance means transferring drugs between individuals. No monetary exchange is required -- simply sharing drugs with friends constitutes delivery. The law treats this as a serious crime distinct from casual assumptions about drug dealing, and the penalties are severe. At the Law Office of Erin Bradley McAleer, we provide skilled defense for drug delivery charges throughout Clark, Cowlitz, and Skamania Counties.

Sharing Drugs Is Delivery Under Washington Law

Many people are surprised to learn that handing drugs to another person -- even a friend, with no money exchanged -- constitutes delivery under Washington's drug laws. You do not need to be a "dealer" to face delivery charges. An experienced attorney can identify weaknesses in the state's case and fight to have charges reduced or dismissed.

Police Use of Informants

Law enforcement relies heavily on confidential informants (CIs) to build drug delivery cases. These informants often face pressure to implicate associates rather than actual dealers. Police conduct superficial searches of informants before controlled buys, and small quantities of drugs can be easily concealed during these searches. Experienced defense counsel uses jury trials to demonstrate that police themselves distrust informants and that the evidence gathered through them may be unreliable.

Entrapment Defense

Entrapment occurs when the criminal design originated in the mind of the police or informant, and the defendant was lured or induced to commit a crime which they had not otherwise intended to commit. Prosecutors frequently respond by introducing prior criminal history to demonstrate predisposition. Defense attorneys must address the complicated evidence rules surrounding these prior incidents through legal briefs and motions.

Body Wires and Controlled Buys

Audio recordings require judicial warrants with both-party consent. These recordings are often very scratchy and inaudible, making it difficult to discern the details of an alleged transaction. "Controlled buys" involve monitoring an informant without audio recording, which typically results in weaker cases for the prosecution. An experienced defense attorney knows how to exploit these evidentiary weaknesses.

Penalties for Delivery

Substance Standard Range Notes
Marijuana 0-6 months Increases with criminal history
Heroin / Cocaine 12-20 months Multiple counts commonly charged

Sentence enhancements can dramatically increase these penalties. A weapon enhancement adds up to 5 additional years of imprisonment. School zone enhancements also apply when delivery occurs near a school, adding further mandatory time. Multiple counts are commonly charged in delivery cases, compounding the potential sentence.

Defense Strategies We Use

  • Challenging the legality of the search and seizure that produced the evidence
  • Exposing unreliable confidential informants at trial
  • Raising entrapment defenses when police or informants originated the criminal design
  • Challenging scratchy or inaudible audio recordings from body wires
  • Arguing the substance was for personal use, not delivery
  • Negotiating for drug court or treatment-based alternatives when appropriate

If you are facing PCS delivery charges in Clark County or anywhere in Southwest Washington, contact the Law Office of Erin Bradley McAleer today for a confidential consultation. Early intervention by an experienced defense attorney can make a significant difference in the outcome of your case.

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