Colorado Springs Drug Crimes Attorney
Although Colorado has a more tolerant attitude toward marijuana than some other states, legalizing medical marijuana and small amounts, up to an ounce, for recreational marijuana use, but make no mistake about it, serious drug crimes in this state come with serious penalties. If you are being investigated or have been arrested for a drug-related offense, you need a highly experienced drug crimes attorney now if you are to avoid going to prison and paying crippling fines.
Colorado’s New Drug Laws
Colorado now has a separate criminal classification specifically for drug-related crime. Colorado law specifies two categories of drug crimes, Drug Misdemeanors (DM) and Drug Felonies (DF). Drug misdemeanors are broken down into two classifications: DM I and DM 2. The law specifies four classifications of drug. Each class of misdemeanor and felony drug charges has specified minimum and maximum penalties. Drug misdemeanor charges can potentially be penalized by 18 months in prison, a $5000 fine, or both; drug felonies can land you in prison for up to 32 years with fines of up to a million dollars. The range of penalties for the charge you are facing will depend on the type of drug involved, the amount, and whether there were aggravating circumstances. For example, if you’re accused of providing drugs to minors or using a gun during the commission of a drug crime, you could be facing enhanced penalties.
A drug crime conviction will change your life in myriad ways, often leading to the loss of your freedom, your job, your property, and your family. You will lose the right to hold public office, to vote, and to own a gun. Chances are, you’ll have a difficult time finding suitable housing, whether leasing or obtaining a purchase mortgage. The majority of employers won’t consider hiring you, and colleges and universities may not accept you, and you won’t qualify for most scholarships. Once you have a drug conviction, society may be quick to exclude you from full participation, and you will be shunned in some circles.
Understanding Felony Drug Charges in Colorado
Felony drug charges are among the most serious criminal offenses a person can face. These charges often involve the possession, distribution, or manufacturing of controlled substances. In the United States, including Colorado, felony drug charges carry severe penalties such as long-term imprisonment, hefty fines, and a permanent criminal record. Understanding how felony drug charges work, especially for first-time offenders, can help individuals determine what their next steps should be when facing these types of charges.
Felony Drug Charges for First-Time Offenders
For first-time offenders, felony drug charges can still have significant consequences, although the courts may consider factors such as the type and amount of the drug, the circumstances of the arrest, and the defendant’s criminal history. In some cases, first-time offenders may qualify for alternative sentencing options, such as drug treatment programs or probation, to avoid lengthy prison sentences.
Key Points for First-Time Offenders:
Possession vs. Distribution – A first-time offense for simple possession of a controlled substance may result in lesser penalties than charges related to drug trafficking or distribution.
Drug Diversion Programs – Many states, including Colorado, offer diversion programs that allow first-time offenders to avoid prison by completing substance abuse treatment or community service.
Plea Bargains – Prosecutors may offer plea bargains to first-time offenders, reducing the charge or recommending lighter sentencing in exchange for a guilty plea.
While first-time offenders might have more options to avoid the harshest penalties, it’s important to remember that felony convictions can lead to long-term consequences, such as difficulties in finding employment, housing, or securing loans.
Statute of Limitations for Felony Drug Charges
The statute of limitations refers to the maximum time period within which legal proceedings can be initiated after a crime has occurred. In the case of felony drug charges, the statute of limitations varies by state and the severity of the crime. In Colorado, the statute of limitations for most felony drug charges is three years. This means that prosecutors must file charges within three years from the date of the alleged crime. However, there are exceptions:
- Class 1 Felonies – For more serious crimes, such as certain drug-related offenses involving large-scale trafficking, there is no statute of limitations.
- Fleeing Suspects – If a defendant leaves the state or attempts to evade arrest, the statute of limitations may be paused, extending the period during which charges can be filed.
It’s important to note that the statute of limitations does not apply once charges have been filed. Once a person has been charged with a felony drug offense, the case can proceed regardless of how much time has passed since the crime occurred.
Is Possession of a Controlled Substance a Felony in the State of Colorado?
In Colorado, possession of a controlled substance can be classified as either a felony or a misdemeanor, depending on the type and quantity of the drug in question. The state distinguishes between different types of controlled substances, based on the severity of their use and potential for abuse, and places them into different schedules.
Felony Possession:
- Schedule I and II Controlled Substances: Possession of highly dangerous and addictive substances like heroin, methamphetamine, cocaine, or fentanyl is typically charged as a Level 4 drug felony in Colorado. Possession of larger amounts of drugs may lead to more severe charges, such as drug trafficking, which can elevate the crime to a higher felony level.
Misdemeanor Possession:
- In some cases, possession of smaller amounts of controlled substances such as certain prescription drugs or lower-scheduled substances can result in misdemeanor charges rather than felonies. For instance, possession of less than 4 grams of certain controlled substances is often charged as a misdemeanor under Colorado’s more recent laws.
Possession for Distribution:
- Even for small amounts, if the state believes the drugs were intended for sale or distribution, the charges can escalate to higher felony levels with harsher penalties. Evidence such as large sums of money, scales, or packaging materials can be used to demonstrate intent to distribute.
Penalties for Felony Drug Possession in Colorado
Penalties for felony drug possession vary depending on the severity of the charge. Generally, the penalties for Level 4 drug felonies in Colorado include:
- Prison time: Up to 1-2 years in prison.
- Fines: Up to $100,000.
- Probation: Judges may opt for probation, particularly for first-time offenders.
More serious drug felonies, such as drug distribution or trafficking, can lead to much longer prison sentences, sometimes ranging from 8 to 32 years, along with steep fines.
Your Rights When Accused Of A Drug Crime
Drug charges can happen from being in the wrong place at the wrong time, a youthful indiscretion or error in judgment, or a turn down a dangerous path because of your life’s circumstances. Criminal defense attorney Steven Rodemer understands that a drug arrest does not mean you’re a hardened criminal, and he will treat you with the presumption of innocence that every accused person deserves and is entitled to by law. You have constitutional protections when accused of a crime, and when you hire Steve as your defense counsel, those rights will be protected, and every available defense will be raised.
An Innovative Approach To Creating The Best Outcome For You
Former prosecutor and legal rising star Steve Rodemer will conduct a careful investigation of the circumstances around your arrest and will determine if the police made an error that violated your constitutional rights at any point, which could cause the charges to be dismissed. He will look for any evidence of police error and seek out any potential alibi witnesses or others who can testify in your behalf to show that you could not have committed the crime. If mitigating circumstances exist, he’ll use them in your defense. If a plea bargain is in your best interest, Steve will negotiate for the best possible agreement for you, but he will never push you into a plea bargain for expedience or to avoid a trial if there is a realistic chance of acquittal. Steve takes an innovative approach in defending every client and will leave no stone unturned to identify the means of creating a reasonable doubt as to your guilt
Get A Colorado Springs Drug Lawyer On Your Side
Have you been questioned by police or led to believe you’re under investigation? Have you been arrested on a drug charge? In either case, you need an experienced, intelligent, and passionate defense lawyer now. Get Colorado Springs drug defense attorney Steven Rodemer on board immediately, without delay, to safeguard your future.
Read our guide on Do You Have to be a Colorado Resident to Buy Pot?