Drug Possession Lawyers

Law Offices Serving Castle Rock to Brighton, Colorado

Possession | The Evans Firm

Possession of a controlled substance, aka drug possession is one of the most common criminal offenses in Centennial, Colorado and throughout the nation. According to statistics provided by the Federal Bureau of Justice Statistics, 1 in 8 prisoners in the United States who are serving sentences or penalties for drug crimes are there because they were caught in possession of illegal drugs. This translates to more than $1 billion in incarceration costs billed to the American taxpayer. These prisoners are behind bars not because they have attacked other people or because they stole anything. Instead, they are serving time after being caught committing a victimless crime. Whether they are addicts or recreational drug users, they are being punished for a crime that caused no harm to anyone else.

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How Can The Evans Law Firm Help With Possession of a Controlled Substance (Drugs) Defense?

If you have been arrested and charged with drug possession, come to us for help. The Evans Firm has taken over 90 cases to jury trial and is ready to take immediate action on your case. There are several different strategies for fighting drug possession charges, no matter how incriminating the evidence may be. For example, we may be able to make it difficult for the prosecutor to prove beyond a reasonable doubt that you knew that the drugs were on your person or in your vehicle, or even that the drugs belonged to you. The other 3 common defenses to possession of a controlled substance include:

• Lack of probable cause for a search
• Searching without a warrant
• Unreasonable search and seizure

All of these defenses can result in us having the evidence suppressed on the grounds that it was obtained in violation of your Fourth Amendment right. Let us review the case and determine what course of action will be most effective in defending you against the charges.

Drug Use Crime Defined

Except as is otherwise provided for offenses concerning marijuana and marijuana concentrate in sections 18-18-406 and 18-18-406.5, any person who uses any controlled substance, except when it is dispensed by or under the direction of a person licensed or authorized by law to prescribe, administer, or dispense the controlled substance for bona fide medical needs, commits a level 2 drug misdemeanor.

Drug Possession Crime Defined

Except as authorized by part 1 or 3 of article 42.5 of title 12, C.R.S., part 2 of article 80 of title 27, C.R.S., section 18-1-711, section 18-18-428 (1) (b), or part 2 or 3 of this article, it is unlawful for a person knowingly to possess a controlled substance. A person who violates subsection (1) of this section by possessing: Any material, compound, mixture, or preparation that contains any quantity of flunitrazepam, ketamine, cathinones, or a controlled substance listed in schedule I or II of part 2 of this article commits a level 4 drug felony.

Any material, compound, mixture, or preparation that contains any quantity of a controlled substance listed in schedule III, IV, or V of part 2 of this article except flunitrazepam or ketamine commits a level 1 drug misdemeanor.

If the circumstances described in section 18-18-428 (1) (b) occur, the peace officer shall not arrest the person pursuant to this section for any minuscule, residual controlled substance that may be present in the used hypodermic needle or syringe, and the district attorney shall not charge or prosecute the person pursuant to this section for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe. The circumstances described in section 18-18-428 (1) (b) may be used as a factor in a probable cause or reasonable suspicion determination of any criminal offense if the original stop or search was lawful.

Possible Sentence for Drug Possession

The penalty that you can face if convicted for illegal possession of drugs depends on several factors. To begin with, the specific type of drug is important, since each of the different drugs is categorized into one of the several schedules of controlled substances under state law. More addictive and potentially dangerous drugs carry tougher sentences than less tightly regulated ones. Furthermore, the quantity of drugs is an important factor. If you were caught with only enough of the drug for your own personal use, you will likely be charged with a misdemeanor simple possession offense, whereas larger quantities will normally lead to charges of possession with intent to distribute, which is a felony offense. In 2013 the Colorado State Legislature changed all of the drug laws and penalties.See our drug penalties and sentence page.

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