Drug Possession Lawyers
Law Offices Serving Castle Rock to Brighton, Colorado
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
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.
common defenses to possession of a controlled substance include:
• Lack of
probable cause for a search
• Searching without a
• 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
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
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
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.
Serving Colorado In Douglas County • Arapahoe County • Adams County
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