Experienced Help Fighting Drug Possession Charges in Colorado
Being arrested for drug possession can be scary and humiliating. Although drug possession charges are serious and can damage people’s reputations, families and careers, having a strong defense against these allegations will be key to:
- Clearing the accused person’s good name
- Resolving the charges and case as favorably as possible
- Helping accused people get past their legal issues so they can move on with their lives
At the Law Office of Jarrett Benson, our Denver drug defense lawyers are dedicated to providing superior defense representation to those accused of drug crimes, such as possession. Known for their vigorous legal advocacy and record of success, our attorneys will fight for you and will work relentlessly to help obtain the best possible resolution to your drug case.
Colorado Drug Possession Charges
Drug possession charges in Colorado will vary according to three main factors:
- The type (or schedule) of the drug in question – The “schedules” include schedule 1 drugs (the most dangerous drugs) to schedule 5 drugs (drugs for which there is a limited risk), with the charges and penalties becoming increasingly harsh moving from the schedule 5 category to the schedule 1 category.
- The amount of the drug a person allegedly possessed – While, in general, larger amounts of drugs will lead to more severe charges and penalties, it does not take a lot of a schedule 1 drug to lead to very serious consequences (given the drug’s classification).
- The purpose or reason for the drug allegedly being in that individual’s possession – Specifically, if there is reason for law enforcement authorities to believe the reason someone has a drug is because they want to sell or distribute it (rather than use it), the resulting charges and penalties will also become far more severe.
In general, the types of drug possession charges that can be filed against people in Colorado include:
- Simple possession, which is generally filed when 4 grams or less of a controlled substances (or a mixture containing a controlled substance) is found on a person – Simple possession charges are typically felonies, with the level of the felony depending on the type and amount of the drug, as well as whether the accused has prior drug convictions.
- Possession with the intent to distribute, which is generally filed when at least 25 grams of a controlled substance is found on someone – These drug possession charges can range from being Class 2 to Class 5 felonies, again depending on the amount and type of drug and the criminal history of the accused.
Drug Possession Defense
Two key components of drug possession cases are:
- Whether the accused person knew (s)he was in possession of the substance – Just because a drug is found on someone or on their property does not necessarily mean that (s)he was aware that the drug was there.For instance, simple miscommunications or misunderstandings can lead people to be unknowingly in possession of drugs. Other times, drugs can be planted on people. Regardless, the prosecution will have to prove that the accused was aware that (s)he was in possession of the drugs in order to get convictions in these cases.
- Whether police had the right to search the accused in the first place – Specifically, the Fourth Amendment protects people from illegal search and seizure. So, if police did not have grounds to conduct a search and found the drugs as part of that illegal search, the accused person’s Fourth Amendment rights will have been violated, and it may be possible to get the charges dropped.
Contact a Denver Drug Defense Attorney at the Law Office of Jarrett Benson
Have you been charged with drug possession or another drug crime? If so, contact an experienced Denver drug defense attorney at the Law Office of Jarrett Benson for the best defense representation.
Our lawyers are committed to vigorously defending the rights of the accused, and we will work tirelessly to help each of our clients obtain the best possible outcomes to their drug cases.
To learn more about your best defense options, as well as how we can assist you, call us at (720) 402-9627 or email our firm via the contact form to set up an initial consultation with one of our attorneys. From our offices in Denver, our criminal defense attorneys provide the highest quality legal services to people throughout the Denver metro area, Arapahoe County, Weld County, Douglas County, and the state of Colorado.