Drug Crime Defense in Denver

In Colorado, drug charges can encompass a wide range of offenses, from minor possession to serious felony charges like distribution or trafficking. At Albani Law, we understand that the penalties for drug charges vary depending on the substance involved. In addition to possession, DUI or DWAI charges can arise if you're caught driving under the influence of drugs, which carries its own set of consequences.

Felony drug offenses often involve more severe actions such as distribution, manufacturing, or trafficking. Albani Law is dedicated to defending those accused of both misdemeanor and felony drug offenses, ensuring that your rights are upheld throughout the process. The penalties for drug charges can change depending on the specific drug involved, making it crucial to have an experienced attorney on your side. Drug-related crimes that result in serious accidents or deaths can lead to more severe charges, such as vehicular assault or even vehicular homicide, further complicating the legal situation and increasing the potential consequences. Having knowledgeable legal representation is essential to navigate these complexities and protect your rights throughout the process.

Having a drug charge on your record can have lasting consequences for your future, affecting employment, housing, and more. If you are facing any drug-related charges, don't hesitate to reach out for a free consultation to protect your rights and future.

What Are the Different Types of Drug Crimes in Colorado?

It’s important to know the distinctions between the different kinds of drug charges in the state of Colorado. The most common drug crimes are:

Possession: Controlled substances like cocaine, heroin, methamphetamines, or hallucinogens are illegal to possess under Colorado law. Despite Colorado’s progressive stance on marijuana, it is still illegal to possess more than 1 ounce of recreational cannabis, and more than 2 ounces of medical-grade cannabis.
Distribution: Intent to distribute drugs is also a crime in Colorado. The penalties for distribution are usually determined by what kind of drug is being sold and how much is being distributed. Any drugs found in suspicious packaging or any amount that is deemed beyond personal use is often an indication of an individual’s intent to distribute.
Manufacturing: The production of illegal drugs falls under the category of manufacturing. This can include anything from growing marijuana in excess, to operating a methamphetamine lab. Drug manufacturing is typically a felony offense in Colorado.
Trafficking: Colorado law defines drug trafficking as the manufacturing, distribution, and sale of prohibited drugs. This is also considered a felony offense and can have fairly severe penalties, including prison time.
Driving Under the Influence of Drugs: In Colorado, you could receive either a DUI or a DWAI for driving under the influence of drugs. This can even include instances of driving under the influence of prescription medications.

Drug paraphernalia and the public consumption of drugs are also illegal. Colorado has seen a large increase in trafficking and overdoses in recent years.

How Are Drugs Classified in Colorado?

Colorado classified drugs into 5 different schedules based on their risk for potential abuse. Schedule I drugs have the highest risk for potential abuse, while Schedule V has the lowest.

Schedule I Drugs: These drugs have no practical or legitimate medical use and include drugs like LSD, heroin, and MDMA (ecstasy). These drugs also have the highest risk for potential abuse.
Schedule II Drugs: These drugs are less dangerous, and may be accepted for some medical use. This includes drugs like cocaine, methamphetamines, and fentanyl. Colorado and the United States have seen an increase in recreational fentanyl usage, leading to a growing number of overdoses each year.
Schedule III Drugs: Drugs like ketamine and anabolic steroids are considered to be lower potential for abuse and have legitimate and practical medical uses.
Schedule IV Drugs: These are drugs with very low potential for abuse and include sedatives and prescription drugs such as Xanax, Valium or Ambien. All of these drugs have legitimate medical purposes.
Schedule V Drugs: Certain narcotics containing under 200 milligrams of codeine per 100 grams are categorized as Schedule V drugs. These have a very low potential for abuse and are used almost exclusively for medical purposes.

Consequences for Drug Charges in Colorado

The penalties for drug charges can change depending on the drug itself, the amount of the drug, and what the offender was using the drug for. Crimes like trafficking will also carry much more severe penalties than something as simple as possession.

Misdemeanor Drug Crimes: Offenders will also receive a misdemeanor for lesser offenses like possession, especially possession of lower-scheduled drugs.
Felony Drug Crimes: These usually include more serious offenses, such as distribution, manufacturing, or trafficking. A felony drug offense can result in years of prison time, large fines, and probation.

More severe drug charges can be prosecuted under federal law. This will usually happen in incidents where large amounts of drugs are being moved across state lines. Penalties for federal drug crimes are much more severe than state charges.

Having a drug charge on your record, whether a misdemeanor or a felony, can have lasting consequences for your future. It will often show up in a background check and can have an impact on future employment opportunities.

Why You Need a Qualified Lawyer for Your Drug Case

Albani Law has experience defending against a wide array of both felony and misdemeanor drug charges. With decades of experience behind us, we are well-equipped to take on drug related cases and defend your rights to the fullest of our ability. If you are facing a drug charge in the state of Colorado, we urge you to schedule a free consultation with one a trusted and proven criminal defense attorney. Do not hesitate to reach out today to see how we can help preserve your future.

Frequently Asked Questions

What should I do if I am arrested for drug possession in Denver?

If arrested for drug possession in Denver, remain silent to avoid self-incrimination and seek immediate legal assistance from a specialized defense attorney. Follow your attorney’s advice closely, especially regarding interactions with law enforcement and court appearances. Together with your lawyer, work on gathering evidence and witnesses that might help in building a strong defense strategy. These steps are crucial for protecting your legal rights and aiming for the best possible outcome in your case. At Albani Law, we have extensive experience in handling possession cases and can provide the guidance you need.

How are drug distribution charges handled in Denver?

In Denver, drug distribution charges are treated seriously and typically prosecuted as felonies, depending on the amount and type of drug involved. These charges can lead to severe penalties, including substantial prison time, hefty fines, and a permanent criminal record. Legal defense for such charges may involve challenging the evidence, the legality of how evidence was obtained, and the intent to distribute. An experienced drug charge defense attorney can provide crucial representation, exploring all potential defense strategies to mitigate or dismiss the charges.

What constitutes drug manufacturing under Colorado law?

Under Colorado law, drug manufacturing involves the production of controlled substances. This can include activities such as cultivating illegal plants beyond authorized amounts or operating facilities to produce synthetic drugs like methamphetamines. Manufacturing drugs is typically considered a felony offense, reflecting the serious nature of this crime. Engaging in these activities can lead to severe legal penalties if convicted. Legal representation is essential to navigate the complexities of these cases.

How do I choose the right defense attorney for my drug charge case in Denver?

Choosing the right defense attorney for your drug charge case in Denver involves considering the attorney's experience, reputation, and success rate in similar cases. At Albani Law, we pride ourselves on our proven track record in defending clients against various drug charges, including possession, distribution, manufacturing, and trafficking. We encourage you to contact us to discuss your case and how we can assist you.

Additional Information in Denver, Colorado

Colorado Health Institute - Putting Prevention Science to Work: It details strategies to decrease substance abuse risk factors and enhance protective factors across communities, particularly among youth and families. The plan emphasizes coordination among state agencies to fund and implement prevention programs effectively. For a drug crime defense case, this document could provide a broader context of state prevention efforts and support claims related to community-based prevention initiatives or systemic issues in substance abuse cases.

National Drug Intelligence Center - Colorado Drug Threat Assessment: Detailed insights into the state's drug trafficking and abuse issues, focusing on substances like methamphetamine, cocaine, heroin, and marijuana. It discusses the use of Colorado's transportation infrastructure for drug distribution, emphasizing Denver as a key hub. The report also includes statistical data on drug-related crimes, treatment admissions, and the economic impact of drug abuse on the state. This information can be crucial in a drug crime defense case by offering a comprehensive background on regional drug activities and trends, potentially helping to contextualize or challenge aspects of the prosecution's case.

Colorado Drug Control Update: Outlines significant trends and data regarding drug use and its consequences within the state. It highlights Colorado's high rates of drug use compared to national averages across various categories, including marijuana and cocaine use among different age groups. The document also addresses drug-induced deaths and primary treatment admissions, indicating a serious concern for public health and safety related to drug abuse. This information can assist in a drug crime defense case by providing context on regional drug use patterns, potentially supporting arguments related to the prevalence and impact of drug issues in Colorado.