Being charged with drug distribution in Colorado is a serious matter that can have life-altering consequences. Our state’s drug laws are stringent, and the penalties for distribution are severe, often involving lengthy prison sentences, hefty fines, and a permanent criminal record.
If you’ve been charged with drug distribution, it’s essential to understand the legal process, your rights, and the steps you need to take to protect yourself.
CO Drug Distribution: Understanding the Charges
Drug distribution, also known as drug trafficking, involves the sale, delivery, or possession with intent to sell controlled substances.
Colorado divides controlled substances into five schedules, with Schedule I drugs (like heroin and LSD) considered the most dangerous and carry the harshest penalties. Schedule V drugs, which are considered less dangerous, have lighter penalties. However, any charge of drug distribution is taken seriously and can result in a felony conviction.
The severity of the charges you face depends on several factors, including the type and amount of the drug involved, whether the distribution occurred near a school or other protected area, and whether you have any prior convictions. Even first-time offenders can face significant penalties, so taking the charges seriously from the outset is crucial.
Immediate Steps to Take If You’re Hit with a Drug Distribution Charge in Denver
What should you do if you are arrested?
1. Remain Silent and Request an Attorney
The first thing you should do after being charged with drug distribution is exercise your right to remain silent. Anything you say can and will be used against you in court, so it’s important not to make any statements to law enforcement or prosecutors without an attorney present.
Request a lawyer immediately. Having legal representation from the start can make a significant difference in the outcome of your case.
2. Get a Knowledgeable Criminal Lawyer on Your Team
Hiring an experienced criminal defense attorney is one of the most critical steps you can take. A skilled lawyer will evaluate the evidence against you, explain the charges and potential penalties, and develop a defense strategy tailored to your specific situation. They can also negotiate with prosecutors on your behalf to get your charges reduced, dropped, or dismissed.
3. Gather Evidence
Work with your attorney to gather any evidence that might support your defense. This could include witness statements, surveillance footage, or any documentation that casts doubt on the prosecution’s case. Your attorney may also file motions to suppress evidence if it was obtained illegally, such as through an unlawful search and seizure.
4. Understand the Possible Penalties
If convicted of drug distribution in Colorado, you could face severe penalties. For example, distributing Schedule I or II drugs can result in a prison sentence ranging from four to 32 years, depending on the quantity and other circumstances.
Fines can range from $3,000 to $1 million. Additionally, a felony conviction can have long-term consequences, including difficulty finding employment, housing, or qualifying for certain professional licenses.
5. Really Consider Your Options
Depending on the specifics of your case, your attorney may advise you to fight the charges in court or negotiate a plea deal. Plea bargains can sometimes result in reduced charges or lighter sentences, but this decision should be made carefully with your lawyer’s guidance.
If your case goes to trial, your attorney will present a defense that could include arguing mistaken identity, lack of intent, or challenging the credibility of the prosecution’s evidence.
Remember, the prosecution must prove your guilt beyond a reasonable doubt, and an experienced attorney can help you challenge the evidence and protect your rights.
About the Author:
Kimberly Diego is a criminal defense attorney in Denver practicing at The Law Office of Kimberly Diego. She obtained her undergraduate degree from Georgetown University and her law degree at the University of Colorado. She was named one of Super Lawyers’ “Rising Stars of 2012 & 2019-2024” and a “Top 100 Trial Lawyers in Colorado” for 2012-2024 by The National Trial Lawyers. Both honors are limited to a small percentage of practicing attorneys in each state. Additionally, Expertise names her to its lists of the 25 Best Denver DUI Lawyers and 21 Best Denver Criminal Defense Lawyers, both in 2020-2024. Ms. Diego has also been recognized for her work in domestic violence cases.
