Colorado Drug Charges Ruin Lives – Fight Back with a Skilled Lawyer
Maybe you wanted to let loose at a party and the cops caught you. Or you had no idea you were transporting drugs. Perhaps you simply did not understand one of the many recent changes that our state has made to drug laws and thought what you were doing was legal.
Whatever your story, the penalties associated with a drug crime conviction are incredibly serious. Despite the fact that drug crimes are actually down in our state by 23 percent since 2010, the political climate these days means that prosecutors routinely push for the maximum possible penalties for alleged offenders.
You can end up in prison for years. You could have to pay high fines. And you will likely lose your job and possibly professional licenses. Moreover, the consequences do not end when your sentence is over.
Even though you will have “paid your dues to society,” there will now be a black mark on your criminal record that can make it far more difficult to do things that most people take for granted, such as getting a job, finding a place to live, or securing a loan. These days, many people even run background checks on prospective dates, making it harder to connect with someone because they see your criminal record and automatically discount you.
What can you do to protect your rights and fight for your future? Work with renowned Denver drug crimes attorney Kimberly Diego. She specializes in getting charges reduced, dropped, or dismissed, and she believes that everyone deserves to have the strongest possible defense.
Worried because your case seems hopeless? That is exactly why you want to work with Ms. Diego. She knows the drug laws of our state like the back of her hand, including what kind of charges you are likely to face and which defense strategies have the best chance of working in your situation.
Denver Criminal Attorney Kimberly Diego Can Help with All Kinds of Drug Charges
Most people have a decent idea of what constitutes a drug crime in a general sense, but that does not mean you know how various acts are charged in our state. There are numerous drug charges detailed in the Colorado statutes. In order to be convicted, prosecutors must prove that what you allegedly did matches the definition of that particular charge.
What kinds of drug charges might you find yourself up against?
18-18-403.5. Unlawful possession of a controlled substance. Depending on the type of drug you are accused of possessing, you will face a level 1 drug misdemeanor or a level 4 drug felony
18-18-404. Unlawful use of a controlled substance. Illegally using a controlled substance is a level 2 drug misdemeanor.
18-18-405. Unlawful distribution, manufacturing, dispensing, or sale. Charges can range from a level 1 drug misdemeanor to a level 1 drug felony.
18-18-406. Offenses relating to marijuana and marijuana concentrate. This one includes several different potential criminal acts, and penalties vary greatly, from a drug petty offense to a level 1 drug felony.
18-18-406.1. Unlawful use or possession of synthetic cannabinoids or salvia divinorum. Level 2 drug misdemeanor.
18-18-406.2. Unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum. Level 3 or 2 drug felony.
18-18-406.3. Medical use of marijuana by persons diagnosed with debilitating medical conditions – unlawful acts – penalty – medical marijuana program cash fund. Class 1 misdemeanor.
18-18-406.5. Unlawful use of marijuana in a detention facility. Level 1 drug misdemeanor.
18-18-406.6. Extraction of marijuana concentrate – definitions. Level 1 drug felony.
18-18-407. Special offender – definitions. Covers aggravating factors that can turn your offense into a Level 1 drug felony.
18-18-411. Keeping, maintaining, controlling, renting, or making available property for unlawful distribution or manufacture of controlled substances. Level 1 drug misdemeanor.
18-18-412. Abusing toxic vapors – prohibited. Level 2 drug misdemeanor.
18-18-412.5. Unlawful possession of materials to make methamphetamine and amphetamine – penalty. Level 2 drug felony.
18-18-412.7. Sale or distribution of materials to manufacture controlled substances. Level 2 drug felony.
18-18-412.8. Retail sale of methamphetamine precursor drugs – unlawful acts – penalty. Level 2 drug misdemeanor.
18-18-413. Authorized possession of controlled substances. Drug petty offense – essentially, you need to be able to prove that prescription drugs are yours.
18-18-414. Unlawful acts – licenses – penalties. Various criminal offenses related to drugs that can be charged as level 2 drug misdemeanors, or level 4 or 3 drug felonies.
18-18-415. Fraud and deceit. Related to obtaining drugs through forgery or other means. Level 4 drug felony.
18-18-416. Controlled substances – inducing consumption by fraudulent means. Level 3 drug felony.
18-18-422. Imitation controlled substances – violations – penalties. Related to manufacturing and distribution. Anywhere from a level 1 drug misdemeanor to a level 3 drug felony.
18-18-423. Counterfeit substances prohibited – penalty. Illegally using the branding or trademark of an actual manufacturer, distributor, or dispenser in order to pass off drugs as if they came from one of those entities. Level 3 drug felony.
18-18-428. Possession of drug paraphernalia – penalty. Drug petty theft.
18-18-429. Manufacture, sale, or delivery of drug paraphernalia – penalty. Level 2 drug misdemeanor.
18-18-430. Advertisement of drug paraphernalia – penalty. Level 2 drug misdemeanor.
That is a lot of different possible offenses, some of which you probably did not even know existed. And this list does not even include the Wobbler Statute. Ms. Diego is well-aware of all drug crimes on the books though, and she understands how to use to law to cast doubt on the prosecution’s assertions that you should be found guilty on a statute-by-statute basis.
Drug Crime Defense Strategies That Work from a Colorado Criminal Attorney
Unlawful search and seizure. Under the Fourth Amendment, you are protected from unreasonable search and seizure. Basically, the police must have probable cause in order to search you or your property. If they did not have probable cause, Ms. Diego may be able to negotiate a favorable plea deal, have evidence thrown out, or possibly even get your case dismissed or dropped.
Drugs belong to another. It may be possible to argue that you should not face consequences because the substance in question does not belong to you.
Evidence missing. Between the time when police find illegal drugs on someone and those drugs need to be produced in court as evidence, they are likely going to move around quite a bit and go through numerous hands. Sometimes during this process, evidence goes missing. If the prosecution is not able to produce the evidence in question, it can greatly help your case.
The substance in question not illegal. You know those scenes in TV shows where the police taste cocaine to make sure it is real? Well, sometimes law enforcement officials make mistakes. They believe that something is a controlled substance when in fact it is not. If you find yourself in this situation, make sure your attorney requests that chemical lab tests are conducted.
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