A recent State Supreme Court case may make your conviction invalid.

On February 25, 2021, in State v. Blake, the Washington Supreme Court held that RCW 69.50.4013(1), the Unlawful Possession of a Controlled Substance (UPCS) statute, is unconstitutional. As such, you may be eligible to have your conviction(s) vacated and return of any legal fines that you have paid and/or be resentenced on your case(s). Additionally, if you are currently serving a term of community custody due to a UPCS conviction, you may be entitled to have your term of community custody stricken. Moreover, if you are currently serving a prison sentence for a non-UPCS conviction but have a prior UPCS conviction that scored against you in your offender score, you may be entitled to a resentencing with a corrected offender score calculation.

SNOHOMISH COUNTY PUBLIC DEFENDER ASSOCIATION (SCPDA) can represent the following groups of individuals with regards to obtaining Blake relief:
  • Individuals who are currently in-custody who are entitled to resentencing under Blake (meaning the individual is currently in-custody serving a prison sentence AND one of their current convictions is for UPCS, Attempted UPCS or they were sentenced with an offender score that included prior UPCS convictions or attempted UPCS convictions) and could potentially be immediately* released (within 6 mo).
  • Individuals currently in custody or on Community Custody with additional time to serve.
  •  Individuals Out of custody seeking to vacate their Blake-affected conviction

If you fall into any of the three categories listed above and are interested in SCPDA moving to vacate your conviction(s) and address other potential relief, please click the ‘BLAKE FORM’ button to go to the form.

*PLEASE NOTE: Due to the significant number of individuals affected by the Blake decision, priority will first be given to individuals who are in-custody and eligible for resentencing that will result in *immediate release.