Denver Drug Possession Lawyer

“I definitely recommend Weber Law. The staff is friendly and they let you know you are not alone. I highly recommend Weber Law” H.R. – Weber Law client

If you are facing drug crime charges in Denver, Colorado you will need to seek dependable legal guidance. Working with a reputable criminal defense attorney is going to be the best chance you will have at avoiding or lessening jail time and other harsh penalties. Being accused of violating Colorado drug laws can result from being found in possession of dangerous drugs or simply drug paraphernalia. Substance abuse and even lesser drug misdemeanors can mean jail time if you face a drug crime conviction. If you are looking for a reputable Denver drug crime lawyer, contact the Weber Law Ninjas today for a free case evaluation.

Judge's Gavel with Handcuffs and Syringes on Wooden Table

Our priority when representing you after being accused of a drug offense is to seek justice as is your right by Colorado law. When you hire a Denver criminal defense lawyer at Weber Law, you can be sure that your best interests will be defended. A legal advocate on your side will aggressively defend your rights regarding the situation which led to your drug charges.

A few facts to keep in mind regarding illegal drug possession are:

  • Schedule I drugs are regarded as having the highest risk of abuse among users.
  • There are various situations that constitute possession.
  • Controlled substances are regulated by the federal government.
  • Sometimes the court will drop evidence in a case if it is proven to have been obtained illegally.
  • Your best chance at a solid defense case is to hire a Denver drug crime lawyer as soon as possible after you are charged with possession of a controlled substance.
  • The state of Colorado may be willing to seal your case in some instances. Consult with your defense attorney to learn more about this possibility.

At Weber Law, we understand that petty offenses should never result in the same severity of punishment as any more serious offenses. Criminal charges, however can lead to penalties ranging from county jail to a prison sentence, so be sure to choose a Colorado drug defense attorney who will fight by your side for justice and the outcome you deserve. The difference in penalties between a convicted drug felony or lesser Denver drug charges can be vast. Trust your future to a drug crimes lawyer who thoroughly understands Colorado law. When you call our firm for a free consultation, we can help you understand your options moving forward.

An important consideration that will be explored by your Denver drug possession lawyer is any information regarding the intricate details of which prescription drugs or other controlled substances were involved, as varying levels of drug offense should be approached from different angles for the best drug case defense available. For example, if you have a prior criminal history, the way your defense attorney chooses to approach your case will be different than if you do not and perhaps have a history of needing a Schedule II controlled substance for medical use. Contact our law offices today for your free consultation call.

Colorado Law Drug Schedule

Ultimately, conviction and resulting punishment for drug crimes in the state of Colorado is decided in part based on how the controlled substance is scheduled by the DEA. The United States federal government determines how prescription medications and other drugs are regulated and categorized based in part on how addictive the drug in question is and the likelihood of use leading to abuse. Common medical use for a drug and its legal limit is also taken into consideration for the way it is scheduled. States are allowed to specify laws regarding drugs. However, such penalties for illegal possession vary from state to state. A general overview of drug scheduling is as follows:

  1. Any controlled substance regulated as Schedule I has no commonly accepted medicinal use, lists among the most potentially addictive, and has the highest likelihood of resulting in abuse by users. These include drugs such as heroin, ecstasy, LSD, and other hallucinogens.
  2. Consumption of Schedule II drugs has a high potential of leading to physical and psychological dependence. Drugs in this category are considered dangerous and, therefore should be used only under the care of a medical doctor. Cocaine and methamphetamines are Schedule II drugs, as well as prescription medications such as Vicodin, Oxycontin, Adderall, and fentanyl.
  3. Drugs under Schedule III regulation are known to have moderate or lower rates of substance abuse but may contain small amounts of codeine such as Tylenol #3 and other narcotics. Anabolic steroids, barbiturates, and ketamine are included as Schedule III drugs.
  4. Anti-anxiety and sleep aid medication typically fall under the Schedule IV rating. Limited physical dependency is considered to be of lower concern than the higher-level schedules, and medical use is common. Examples of Schedule IV drugs include Xanax, Ambien, Tramadol, and Darvocet.
  5. Drugs in Schedule V are defined as having the lowest potential for substance abuse, such as Robitussin and Lyrica. These are mostly over-the-counter medications, some containing low levels of codeine or opium.

One of the most important details of any legal situation regarding drug offenses is local drug laws about specifically which controlled substances were involved. In Colorado, controlled substances are categorized in Schedules listing I through V, and our Denver drug crime lawyers can help you understand the implications of any specific drug possession you have been accused of. When it comes to the possibility of a drug conviction and potential felony charges, the difference between having possession of recreational marijuana and Schedule I drugs can greatly impact the situation and the involvement of talking to a lawyer. Your legal team should include a Denver drug lawyer like those here at Weber Law to determine the best path forward for your defense against Colorado drug charges.

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Drug Possession Defined

There will be many details and facts about the case your Denver Drug Possession Lawyer will examine while developing arguments in your defense. Your fourth amendment rights are one example of what we will look into on your behalf. These protect you from any police officers conducting an unlawful search of your being, dwelling, or vehicle. Illegal searches could possibly result in voided evidence against you, and therefore the entirety of the evidence-gathering process must be thoroughly considered.

The definition and specifics surrounding what is considered to be drug possession vary depending on which state you are charged in. One of the main facts that must be established by prosecutors in cases of drug crimes is whether the person charged knowingly possessed an illegal substance. There are several ways to approach this defense strategy. Perhaps you are being charged with drug crimes when in fact, you had no realization that drugs were in your possession, such as in situations where another person planted the substance on your person or property. Sometimes this occurs in situations where someone is disgruntled and is seeking revenge. Or maybe you simply were not aware that the drug included certain elements which raise its level of danger and potential dependency. Not every person has a thorough knowledge of substance schedules and addiction potential, so ignorance can often be considered a valid argument.

Possession for Use Versus Intent to Distribute

Beyond proof of your knowingly possessing illegal drugs, prosecutors bare the burden of having to prove reasoning for your possession. This means it cannot simply be assumed what your intent for possessing a substance was. They need to convince the court and judge the reasons why you were involved with these drugs. If there is reasonable cause to justify the accusation that you intended to sell and distribute illegal drugs to others, the penalties for drug possession charges will be much more severe than for other drug crimes. Drug dealing has a more significant negative effect on society as a whole, meaning this activity harms more people overall than individual drug use does, though the two situations obviously go hand in hand.

In the case of individuals addicted to drugs, and caught with illegal amounts of drugs, it can often be approached in such a way that the focus becomes mainly rehabilitation for drug dependency. Charges for these drug crimes may or may not be lessened or dropped entirely. The main idea here is to pursue education and consider options for helping those who seek assistance to change their lifestyle and choose a more healthy path. Recovery is always a good choice.

Sometimes we find in drug cases that law enforcement officers have made a mistake and overlooked important facts that could make it seem like a person was guilty of illegally possessing a controlled substance. The reality sometimes is that a person may have a valid prescription for a drug with accepted medical uses. It might seem like a given and as if it should be simple to get off the hook from drug charges in these types of situations, but even when medical use is reasonable and legal, you will still want to have a drug crimes lawyer represent your case for the best outcome.

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Trust Your Legal Battle to Weber Law

A knowledgeable team of drug crime lawyers can help you skillfully navigate the legal process when you are being charged with drug crimes. Exploring options for requesting lesser sentencing in the face of drug felonies or another drug charge includes considering whether drug court may be an appropriate choice. When high psychological dependence or moderate physical dependence on prescription drugs was a factor influencing a person found to be in illegal drug possession, there may be potential for rehabilitative services. If you feel this is an option worth exploring in your drug felony case, please contact our law firm today to find out how we can help.

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