Possession of narcotics means having physical control over the drugs. There is actual possession, which means they have the drugs in their hand. There is also constructive possession, such as in the case where you may not know that the drugs are in your car. Additionally, it does not have to be exclusive possession. It can be your car and someone else’s bag, but you both can be charged with possession if the drugs are found in your car.
It is difficult to beat a possession charge because it does not just mean the police officers have to find it on someone’s person; knowing has to be a component as well. That is sometimes is enough to be considered possession. Fortunately, under those circumstances, a lawyer could try to negotiate a really good deal by showing that it was not knowing possession. A dedicated Greenwood Village drug possession lawyer could help you build a strong defense against the charges. With the help of the Colorado Lawyer Team, you could have the charges and the penalties seriously reduced.
The seriousness of a drug possession charge and how cops are dealing with it can depend on a lot, such as a person’s history. For example, whenever a cop pulls someone over, they can run their history, and if they have a history of violent crime and a history of a drug crime, the police officers are going to come down harder on them. In Colorado, multiple felonies can create habitual felon and triple the sentence. If a person is a habitual criminal, Colorado will take it more seriously than if it’s just some kid on the street who has not been in trouble before with a little bit too much of marijuana or not over the age of 21. It is very case-by-case specific, but possession is the least serious type of drug case in Colorado.
The drugs of particular significance are going to be the more serious ones. The drug scale goes from Schedule V all the way to schedule one. Schedule I drugs in Colorado are the worst offenders. With heroin, GHB, LSD, and ecstasy, there will be harsher penalties than something like barbiturates or steroids. Rohypnol, the date rape drug, Morphine, and Codeine are classified as Schedule III. But even Xanax and prescription sleep aids like Ambien or benzos are considered Schedule IV.
If a person possesses less than four grams of Schedule I or Schedule II drugs, the crime is generally a misdemeanor. Possessing more than four grams of a Schedule I or II drug is a felony offense. And any amounts of Rohypnol, ketamine, or other sorts of similar designer drugs like bath salts can become a felony as well.
The difference between a misdemeanor and a felony is the degree of penalty associated with it. DM1, or drug misdemeanor one, carries with it up to 18 months in jail or $5,000.00 in fines. Individuals will face probation for two years and a small amount of time in jail. For felonies, individuals can face DOC (Department of Corrections) time between six to 12 months for most of these first-time offenses and up to $100,000.00 in fines. Additionally, there is a mandatory period of parole on the back end of any sort of felony sentence as well. There are also a number of additional penalties, such as drug surcharges, that can impact funds and court fines and costs.
Depending on the type of drug, possession charges can get complicated, and the penalties can be severe. You do not need to face these charges alone. The Colorado Lawyer Team has your back. Speak with a Greenwood Village drug possession lawyer to schedule a consultation and to get started building your defense.