The Colorado criminal law statutes describe drugs as “controlled substances.” The law assigns each controlled substance, or drug, to a “schedule.” The schedules of controlled substances under Colorado law are the same as those determined by the United States federal laws. The schedule that a controlled substance is assigned to determines how serious the crime of possessing that drug to be. The sentence a person can receive for possessing a controlled substance is determined by the schedule of the drug, as well as the quantity of the drug possessed. The purposes for which a person possesses the drug also plays a role. For example, if a person possesses the drug with the intent to distribute it to others, this can be a much more serious crime.
Simply put, these three factors will determine the seriousness of the drug offense in Colorado:
Having possession of a controlled substance for personal use is much less serious than manufacturing or selling the drug. Possessing a larger quantity of the drug can lead to the prosecutor charging the person with possession with intent to distribute. If the quantity of drugs possessed is more than a single person could consume, the prosecutor has a stronger argument that there was an intent to provide the drugs to others.
In Colorado, it is legal for an adult to possess up to one ounce of marijuana. However, if it were a larger quantity of drugs, a district attorney could charge them with possession with intent to distribute, which is a level three drug felony. The amount of marijuana the person possessed may alone be enough evidence to convict a person for this offense under the right circumstances. A criminal defense lawyer could argue that the defendant was simply storing the excess marijuana for their own personal use later. Such a defense would be more likely to prevail if the excess marijuana was stored in the person’s home. It would be less likely to prevail if the defendant was driving around with it in the trunk of their vehicle, all divided up into quarter-ounce bags.
Drug charges can carry enhanced penalties depending on the facts of the case. Any time minors are involved in the offense, there is a good chance there will be enhanced penalties. This can result when the drugs were provided to minors or where minors were used to support illegal drug transactions. There are also laws that make the penalties more severe if the drug crime is committed close to school property.
The Fourth Amendment prohibits the government from conducting unreasonable searches. Because of that, the Fourth Amendment frequently plays a significant role in the analysis of a drug crimes defense case. More often than not, the defendant will have the drugs hidden on their person or some other place that is not immediately visible to law enforcement. In defending a case like this, your Castle Rock criminal lawyer will have to examine whether the police went beyond what was reasonable when looking for evidence of a crime. When the police go too far, your defense lawyer may be able to suppress some or all of the evidence against you, and cause the prosecutor to dismiss the case.
A person has a Constitutional right to not be searched by law enforcement, unless the police have a reason that is strong enough to support the search. When there is enough of a reason, it is called “probable cause.” Probable cause essentially means that it is more probable than not that a crime has been or is about to be committed. When the police ask to search your car, home, camper or boat you should say no. If you say yes, or consent to the search, you are waiving any future defense based on the idea that they did not have probable cause. Also worth noting is that the fact that the police asked you for consent may be a clue that they are unsure if the have probable cause.
The Fourth Amendment of the United States Constitution states:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
When the police have a warrant, this means they have already asked a judge to decide if there is enough of a reason. If you are presented with a warrant, it is best not to resist their search. In some cases, the police may be allowed to conduct a “warrantless search.” This may happen when the police believe there is probable cause, but do not have time to contact a judge to get a warrant because the evidence of a crime may disappear before they can obtain the warrant.
Being found in possession of drugs poses a significant issue that necessitates the expertise of a seasoned Castle Rock lawyer. At High Plains Lawyers, our team is ready to provide the essential legal assistance and counsel required to successfully navigate your case. Facing such challenges alone is not advisable – reach out to us immediately to schedule a consultation with our Castle Rock Drug Possession Defense Lawyer. Contact us today for support.
