Drug distribution is dealt with very severely and it is an arrestable offense in Colorado. In addition to distribution charges, defendants can be charged under the Colorado Organized Crime Act or COCA, and that includes offenses such as gambling and receiving stolen property, selling stolen property, and racketeering activities.
If you have been charged with drug distribution, you need to call the Colorado Lawyer Team as soon as possible. A dedicated Greenwood Village drug distribution lawyer can help you understand the charges, build a defense, and fight for your rights.
Typically, drug distribution is dealt with more severely because it does more harm to the public at large. Simple possession is charged only when that individual is using drugs themselves or possessing drugs themselves for personal use. It is a different situation when they have a drug distribution case because then that person has a much higher quantity of drugs and the potential to impact more lives and it is seen as a bigger public safety risk.
In Colorado, the courts care about the kind of drug that is being distributed a lot more than maybe the facts of the case. Marijuana is not often charged as drug distribution anymore. There are still situations with the State Patrol and some of our border communities where there are drug trafficking concerns across state lines. Transporting drugs across state line is a big problem.
In most situations, a distribution case is distinguished based on the amount of drugs, the amount of cash, prior offenses, and weapons. Often, in distribution cases there appears to be a bigger conspiracy.
There are often constitutional issues in drug distribution cases. Some of the most common includes Fourth Amendment, search and seizure, Fifth Amendment, Miranda violations, voluntariness to statements and coercion of statements under interrogation, and then a defendant’s right to confront witnesses against them with a confidential informant. Search and seizure concerns are often seen when there are drugs physically on a person, in their cars, and evidence on a cell phone. Law enforcement will use search warrants after an arrest to look at the contents of a cell phone that was seized.
In some situations, there are constitutional issues with the Fifth Amendment and Miranda violations. This is especially true in cases with informants, an attorney will need to investigate the identity of those informants and the reliability of the information. An informant can be an undercover police officer or another co-conspirator. An attorney can investigate the arrest and build a strong defense.
In drug distribution cases, there are various types of evidence that the prosecution could use to obtain a conviction. The most common include:
It is essential to retain an attorney as soon as possible following a drug distribution arrest. A lawyer can challenge probable cause if someone is in custody on a serious felony case. The Colorado Lawyer Team can investigate the accident and help you build a strong defense. Call today to learn more about how a Greenwood Village drug distribution lawyer can help your case.