If you have been charged with a drug crime, it is important to know whether or not the particular drug crime you are charged with is classified as a wobbler. If you are not charged with a wobbler, reducing your charge to a wobbler via plea bargaining can be incredibly beneficial to you in terms of your criminal record.
Although Colorado law recently was modified to allow for wobblers in certain drug crimes, few – even attorneys – are familiar with their existence. Wobblers have longed existed in other jurisdictions, but are new to our state.
What is a Wobbler?
A wobbler is a drug felony conviction that, upon successful completion of probation, is reduced to a misdemeanor conviction instead. Wobblers are only available for certain drug offenses occurring after October 31, 2013.
What crimes are wobbler eligible?
Not all drug felonies are wobbler eligible. The following drug felonies, however, are:
Possession of twelve or more ounces of marijuana
Possession of more than three ounces of marijuana concentrate
Possession of four grams or less of schedule II substance
Possession of two grams or less of methamphetamine or heroin
Who does not qualify for the benefit of a wobbler?
The following defendants cannot take advantage of a wobbler:
Defendants who are probation ineligible
Defendants who have been convicted previously of a crime of violence
Defendants who have on two previous occasions taken advantage of a wobbler
How does a wobbler differ from diversion or a deferred judgement?
A diversion or deferred judgement plea is better than a wobbler plea, but may not be available in every case. Those types of pleas are better because at the conclusion of the probationary sentence, the case is entirely dismissed and can immediately be sealed. However, charges of distributing are rarely resolved with diversion or deferred judgement pleas or even split pleas, absent special circumstances. In such situations, a wobbler plea may be the best case scenario for resolving the case.
If you have been charged with a felony drug offense or, consult with drug crimes defense attorney Kimberly Diego today to discuss the possibility of taking advantage of a wobbler in your case by calling 720-257-5346 for a free consultation, or simply fill out a short case review form
The prosecution’s case hinges on the evidence they present, but not all evidence is valid. If it was obtained illegally, mishandled, or lacks credibility, it can and should be challenged. Just because the prosecution introduces evidence doesn’t mean it’s admissible—many cases fall apart when key evidence is thrown out.
If you’re facing criminal charges, knowing how to challenge improper evidence could be the difference between a conviction and a case
Probation offers an opportunity to avoid jail time and move forward, but it also comes with a long list of rules, fees, and expectations. One mistake—whether it’s missing a meeting, failing a drug test, or misunderstanding a condition—can lead to serious consequences, including probation revocation.
A Denver, CO criminal defense lawyer can be your greatest ally, ensuring you understand your obligations and help you resolve issues before they escalate. If
Being charged with a crime can turn your world upside down. The stakes are high, and every decision matters—especially the choice of your criminal defense lawyer. You need more than just legal representation—you need an ally committed to protecting your rights and securing the best possible outcome for your case. Kimberly Diego is a dedicated Denver criminal defense attorney who provides personalized attention and a results-driven defense strategy. Don’t face
