Drug possession, sale, or trafficking charges could lead to time in jail or even federal prison, significant fines, and a criminal record that follows you for life. Our compassionate Larimer County drugs lawyers recognize how easy it could be to become involved with illegal drugs and get caught up in the system.
Mounting a solid defense could defeat a drug charge or reduce charges in many cases. For instance, some individuals are appropriate candidates for diversion programs. Whatever the situation, our criminal defense attorneys could develop a strategy to enhance the possibility of a good outcome on your behalf.
Severity of Possession Charge Depends on Identity of Substance
Illegal drugs are classified according to a Schedule published by the federal government. Schedule 1 drugs have no known medical use and a high potential for abuse. They include drugs like heroin, LSD, and ecstasy. Schedule 2 drugs have a significant potential for abuse and dependence, including Fentanyl, opium, amphetamines, methadone, and oxycodone.
Colorado has made possession of fewer than 4 grams of most Schedule 1 and Schedule 2 drugs a level 1 drug misdemeanor (M1). Possessing other controlled substances for personal use also is prosecuted as M1. Penalties upon conviction could be up to 6 months in jail, a fine of up to $1000, or both. However, in some cases, an attorney in Larimer County could enroll an individual in a diversion program that might allow them to seek treatment rather than go to jail for the drug charges.
Possession of more than 4 grams of Schedule 1 or 2 drugs, or any amount of GBH, Ketamine, and Flunitrazepam is a level 4 drug felony (F4). Someone who faces their fourth M1 charge could also be charged with an F4. In these cases, a convicted offender might face six months to two years in jail and a fine that could reach $100,000.
Severity of Sale Offenses Depends on Multiple Factors
The level of charge that an alleged offender might face depends on the identity of the substance, the amount they possessed, and factors like their criminal history. Charges could range from an M1 up to an F1. An offense could be charged as an F1 and carry mandatory prison time if the:
- Alleged offense involved more than 225 grams of a Schedule 1 or Schedule 2 substance
- Alleged offense involved more than 112 grams of a substance that includes methamphetamine, heroin, ketamine, or cathinones
- Alleged offense involved more than 50 milligrams of a substance that contains flunitrazepam
- Transaction allegedly involved a Schedule 1 or Schedule 2 substance and was a sale by an adult to a minor at least 2 years younger than the adult
If the offender was on probation or bond for another felony or in prison when they committed the act alleged, the judge must impose a mandatory minimum sentence. Our knowledgeable lawyers could explain when the circumstances might you to mandatory minimum sentences upon a drug conviction in Larimer County.
Defenses Available in Larimer County Drugs Cases
Drug cases offer many opportunities for a successful defense based on procedural issues. For instance, the defense might challenge the identification of the substance or its quantity. Processes in a police crime lab, the integrity of evidence collection and chain of custody, and other failures to follow established practices could weaken or destroy a prosecutor’s case.
Law enforcement must always conduct themselves in a way that protects the rights of the accused. Local lawyers could investigate any indication that police or prosecutors infringed a client’s rights. Any evidence of misconduct could lead to a motion to suppress evidence and might result in the prosecutor reducing charges or dismissing them.
Select a Larimer County Drug Attorney to Handle Your Case
Drug charges could have a devastating impact on your future, but there are always options worth exploring. Prosecutors must prove every element of their case, and the nature of investigating drug crimes means that evidence could be weak or flawed.
Even if the evidence seems overwhelming, a Larimer County drugs lawyer at The Colorado Lawyer Team could assist you. Call for a consultation as soon as you are arrested on a drugs charge so we can get to work.