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Colorado Springs Drug Crime Lawyer

If you are facing drug crime allegations in Colorado Springs, the drug crime defense attorneys at Black, Blink, & Associates LLC, are here to assist. Our defense lawyers understand the depth and implications of Colorado’s drug crime laws and will prioritize defending your rights. With a proven track record in drug crimes defense in Colorado, we focus on rigorous representation and in-depth case analysis.

Overview Of Drug Crimes In Colorado

Understanding Colorado Drug Crimes

When faced with drug-related charges in Colorado Springs, it is vital to understand the state’s intricate legal landscape, potential consequences and defense strategies. The nuances of Colorado drug laws require a detailed exploration, especially since recent years have seen a shift in penalties for recreational use and possession. You can trust Black, Blink, & Associates LLC, and their Colorado drug crime defense attorneys to defend your rights.

Colorado’s Drug Crime Framework

Colorado drug laws broadly categorize offenses from possession to significant felonies, like drug trafficking. Under the Colorado Revised Statutes, the following are some of the commonly charged drug crimes in Colorado:

  • Possession of a controlled substance: Holding any illegal drug can lead to penalties. The state now views the possession of up to 4 grams of narcotics like methamphetamine, cocaine, or heroin as a misdemeanor. This can result in two years of misdemeanor probation, a departure from the previous 6-18 months of jail time.
  • Distribution of a controlled substance: Selling or distributing drugs is a grave offense. While selling drugs is always considered a felony, the severity can vary based on the type and amount of drug. For instance, selling over 225 grams of a Schedule I or II drug can lead to up to 32 years in prison and $1,000,000 in fines.
  • Possession of drug paraphernalia and intent: Even items related to drug use can lead to legal consequences. Charges also arise from the intention to manufacture or distribute drugs.
  • Unlawful use and juvenile drug offenses: Using certain prohibited substances is a crime in itself. Moreover, young individuals need focused defense strategies due to their unique legal status.
  • Gang-related drug offenses: Ties to organized crime can add severity to drug charges.

With a proficient Colorado drug crimes defense attorney by your side, navigating Colorado’s drug offense system becomes more manageable. Whether you’re facing minor charges or significant felonies, our experienced team ensures that every client gets a rigorous defense, prioritizing their future and freedom.

Legal Drugs In Colorado

Colorado has approved the recreational use of marijuana for adults 21 or older, but it’s restricted to possession of up to two ounces. Possession of more than this amount or by individuals under the age of 21 (except for medical marijuana) is illegal. It’s also vital to note that marijuana possession is illegal on federally-owned properties in Colorado, like National Parks and airports.

What is considered legal vs. illegal regarding marijuana in Colorado?

While Colorado allows both medical and recreational marijuana use, the laws governing each differ significantly. Medical marijuana patients can possess more cannabis and access different products than recreational users. However, we often see clients face charges because they misunderstand these distinctions.

Recreational users must be 21 or older and can possess up to two ounces, but medical patients may have different limits based on their condition. Neither group can consume cannabis in public spaces or drive under its influence. We remind clients that employers can still prohibit marijuana use and testing positive can lead to job loss, regardless of whether the use was legal. Additionally, crossing state lines with any amount remains a federal offense.

Illegal Drugs In Colorado

Colorado categorizes illegal drugs into five schedules:

  • Schedule I: High abuse potential and no accepted medical use, e.g., LSD, PCP.
  • Schedule II: High abuse potential but with medical use, e.g., oxycodone, methamphetamine.
  • Schedule III: Moderate abuse potential, e.g., barbiturates, anabolic steroids.
  • Schedule IV: Lower abuse potential, e.g., diazepam (Valium).
  • Schedule V: Lowest abuse potential, e.g., over-the-counter cough syrups with small amounts of codeine.

If you complete a drug diversion program, possession charges can be dismissed. Potential defenses include a lack of control over drugs, illegal search or entrapment. However, Colorado’s stance is gradually moving toward treatment and rehabilitation over strict punishment, especially for first-time offenders. Our criminal defense lawyers can help you understand the Colorado criminal justice process and help you resolve your legal challenges.

Long-Term Effects Of Drug Crime Charges

A drug conviction can impact your life well beyond the courtroom. We want our clients to understand the lasting consequences these charges might bring to their daily lives, even after completing their sentence.

Your future opportunities may face significant restrictions in areas such as:

  • Housing: Many landlords conduct background checks and may deny rental applications based on drug convictions. Public housing assistance programs often restrict access for individuals with drug-related offenses.
  • Employment: Job seekers must disclose criminal records on applications, and employers might hesitate to hire individuals with drug convictions. Many professional licenses and certifications have become harder to obtain.
  • Education: Federal student aid eligibility can be limited or denied. Some colleges and universities consider criminal records during the admission process.

We understand these challenges and work to help our clients minimize these long-term impacts through aggressive defense strategies.

Alternative Sentencing Programs In Colorado

Colorado’s justice system now emphasizes rehabilitation over punishment for many drug offenses. Our attorneys help qualifying clients pursue several alternative sentencing options. Drug courts offer intensive supervision and treatment instead of jail time. Deferred judgment programs allow charges to be dismissed after successfully completing court-ordered requirements. First-time offenders might qualify for diversion programs that focus on counseling and education rather than incarceration.

Frequently Asked Questions About Drug Crimes

Below are answers to some common questions that may help you better understand the legal landscape surrounding drug crimes in Colorado.

What should I do if I am pulled over and suspected of a drug crime in Colorado?

If you are pulled over and an officer suspects drug activity, remain calm and polite, but remember your constitutional rights. You have the right to remain silent beyond providing basic identification information. Do not consent to a search of your vehicle without a warrant – politely state, “I do not consent to searches.”

Avoid making statements about where you have been or what you have been doing. Request to speak with an attorney as soon as possible. Document the interaction afterward, noting officer names, badge numbers and specific details of the encounter. These steps can significantly impact how your case develops and what defense strategies might be available.

Are there specific defenses against drug charges related to illegal search and seizure in Colorado?

Colorado law provides strong protections against unreasonable searches and seizures under both the state constitution and the Fourth Amendment. Common defense strategies include challenging whether officers had probable cause for the traffic stop, questioning the legality of any search conducted without consent or a valid warrant, and examining whether law enforcement followed proper procedures when obtaining and executing search warrants.

If evidence was obtained through an illegal search, our attorneys can file a motion to suppress, potentially leading to the dismissal of charges. Colorado courts have historically upheld strict standards for police conduct in drug investigations, making search and seizure challenges a powerful defense tool.

What are the differences in penalties for federal vs. state drug charges in Colorado?

Federal drug charges typically carry significantly harsher penalties than state charges for similar offenses. While Colorado has reformed many state-level drug possession laws to focus on treatment rather than incarceration, federal sentencing guidelines remain severe.

Federal charges often involve mandatory minimum sentences that remove judicial discretion. Penalties typically range from 5 years to life imprisonment, depending on drug quantity and prior convictions. Federal cases also have higher conviction rates, and defendants serve higher percentages of their sentences since there is no parole in the federal system.

Additionally, federal prosecutors have greater resources for investigation and prosecution. Our defense team has experience in both systems and can develop appropriate strategies specific to the jurisdiction handling your case.

Consult A Colorado Springs Drug Crimes Defense Attorney

We pride ourselves on a proven track record of successfully defending our Colorado clients against drug allegations. Our team is unwavering in its commitment to scrutinize every detail of your case, ensuring the most potent defense strategy is employed to safeguard your rights and pursue a favorable verdict.

To schedule an appointment for an initial consultation, you can send us a message through our website, or call us at Call For A Free Consultation.