Unlike regular drug possession charges, possession with intent to distribute involves harsher penalties and consequences. Charges for possession with the intent to distribute are determined by factors such as the type of drug, the quantity of the drug, the other paraphernalia involved, and whether someone has previously been convicted of dealing drugs.
The state statute requires the prosecution to prove that the defendant knowingly manufactured, dispensed, sold, distributed, or possessed quantities of drugs intending to manufacture, dispense, sell or distribute them to other people. To fight these charges, call a Greenwood Village drug possession with intent to distribute lawyer. The Colorado Lawyer Team has your back. We could help you reduce the charges and the penalties of a conviction.
Possession with the intent to distribute is never going to be a misdemeanor offense. It is always going to be a felony. The penalties do range. The penalties for a level one drug felony (DF1) include eight to 32 years in prison and up to one million dollars in fines.
Yes, a person can be charged with both intent to distribute and simple possession. Most of the time, people are charged with both.
Constructive possession is similar to constructive knowledge. It is that a person is presumed by law to have knowledge that the drugs are in the car. It is really hard to distinguish that. There is not a direct statute in Colorado for constructive possession. It is just a possession charge.
In Colorado, a difficult thing to do is to beat a drug possession with the intent to distribute charge because possession is defined so broadly. Drug possession with the intent to distribute cases can be really difficult. This is because they are based on the type of drug, the amount of the drug, the type of paraphernalia, what the co-defendants say, whether there was a legal stop to begin with and whether the search was legal to begin with.
Fortunately, a Greenwood Village drug possession with intent to distribute lawyer can help in various ways. A local attorney can help reduce the penalties, if convicted. A seasoned lawyer will know what type of diversion programs are available, where to send defendants for a good expert opinion about their mental health, and people who might take their insurance as well. Additionally, the Colorado Lawyer team knows where a treatment court is available in or near a particular jurisdiction, which is important because a lot of rural counties do not have one. There are many moving pieces in drug cases. Each case deserves a significant amount of individualized attention. Call today to schedule a consultation to get started on your case.