Legal Question in Criminal Law in Washington

Double Jeopardy/Felony Drug Charges

Hello. My husband lived in Washington from the age of 17-20. During that time he was involved with a woman (Danielle) roughly 12 years older than him who was a previously convicted heroin user. He also started using the drug and was arrested in October of 2002. He was charged with the felony of Posession of Heroin. He fled the state and charges and resides in OK now. During a search of their apartment, the officers found needles under the bed matress with resin of heroin in it. He says it was on Danielle's side of the bed and not his. She was tried and did time (or probation, I'm not sure, she has a previous record) for the conviction. He still has a withstanding warrant for these charges. Is there ANY way to get around this charge by trying the case under the claim that it was her needles? I know this would be a long shot, since he did flee the state, but is there any way to get around this charge to clean his record?

Thank You Very much


Asked on 9/15/03, 2:47 pm

2 Answers from Attorneys

Stephen Kozer Stephen J. Kozer, Attorney at Law P.S. Inc.

Re: Double Jeopardy/Felony Drug Charges

There is no way to clear his record until he goes back and faces the charges. From your note I take it he has not done so.

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Answered on 9/16/03, 12:53 pm

Re: Double Jeopardy/Felony Drug Charges

There are numerous possibilities regarding the legality of the search and, as you point out, the dominion and control issue. He needs a good Washington lawyer. I belong to a national association of good drug lawyers. I have pasted several names below for your consideration.

Lisa Podell

www.podellwalden.com

Lisa Podell

Fax: 425-646-6466

Phone: 425-646-3111

[email protected]

10900 NE 8th St Street

Suite 215

Bellevue, 98004

Alison Chinn Holcomb

Alison Chinn Holcomb

Fax: 206-448-2252

Phone: 206-812-0123

[email protected]

Market Place Two

Suite 200

2001 Western Avenue

Seattle, 98121

Dennis L. McGuire

Dennis L. McGuire

Phone: 206-784-3569

6201 15th Ave. NW PMB 536

Seattle, 98107

Walter G. Palmer

Walter G. Palmer

Fax: 206-442-9216

Phone: 206-442-9232

[email protected]

1111 3rd Ave. #2200

Seattle, 98101

Jeffrey Steinborn

www.potbust.com

Jeffrey Steinborn

Fax: 206-622-3848

Phone: 206-622-5117

[email protected]

Steinborn and Holcomb, PLLC

1800 SeattleTower

1218 3rd Ave.

Seattle, 98101

Richard Troberman

Richard Troberman

Fax: 206-340-1936

Phone: 206-343-1111

[email protected]

1325 4th Ave. #1200

Seattle, 98101

Patrick Stiley

www.legaljoint.net

Patrick Stiley

Fax: 509-324-9029

Phone: 509-323-9000

[email protected]

1408 W. Broadway

Spokane, 99102

Zenon Peter Olbertz

Zenon Peter Olbertz

Fax: 253-572-1441

Phone: 253-272-9967

[email protected]

1008 S. Yakima Ave.

Suite 302

Tacoma, 98405

Leslie Tolzin

Leslie Tolzin

Fax: 253-272-9220

Phone: 253-274-9441

[email protected]

901 S. I St. Ste. 201

Tacoma, 98405

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Answered on 9/15/03, 4:43 pm


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