Colorado Springs has seen a significant shift in drug policy over the past few years, particularly with the legalization of marijuana. However, drug-related offenses remain serious legal issues, and understanding the common charges and possible defenses can be crucial for anyone facing these situations. Below we will outline some of the most common drug-related charges in El Paso County and potential defenses that we might utilize in court for your unique case.
1. Possession of a Controlled Substance
Possession of a controlled substance refers to having illegal drugs, including cocaine, heroin, methamphetamine, and even certain prescription medications without a valid prescription. The severity of the charge can vary depending on the type and amount of the substance.
Defenses to Possession of a Controlled Substance
- Lack of Knowledge: We may argue that our client was unaware that they possessed the drug.
- Unlawful Search and Seizure: If law enforcement violated our client’s Fourth Amendment rights during the search, the evidence obtained may be inadmissible in court.
- Medical Necessity: In some cases, our client may possess certain substances for legitimate medical reasons.
2. Drug Distribution and Trafficking
Charges related to the distribution or trafficking of drugs involve selling or intending to sell controlled substances in El Paso County. This can carry severe penalties, especially for larger quantities or more dangerous drugs.
Defenses to Drug Distribution and Trafficking
- Lack of Intent: Your defense attorney can argue that you didn’t intend to sell the drugs, but rather possessed them for personal use.
- Entrapment: If law enforcement coerced or manipulated you into committing the offense, this could serve as a valid defense.
- Misidentification: We may challenge the evidence or witness credibility, arguing that you were incorrectly identified.
3. Illegal Manufacturing of Drugs in Colorado Springs
Manufacturing drugs involves the illegal production or creation of controlled substances. This charge can encompass everything from home labs for methamphetamine to growing marijuana in unauthorized quantities in Colorado Springs, Manitou Spring, or Fountain.
Potential Defenses Illegally Manufacturing Drugs
- Lack of Evidence: The prosecutor must prove that you were actively involved in the manufacturing process.
- Legal Growth: In cases involving marijuana, if we can show you were compliant with Colorado regulations regarding medical or recreational use, it can negate the charges.
- Coercion or Duress: If you were forced to participate in drug manufacturing under threat, this can be a useful defense.
4. Possession with Intent to Distribute Drugs
This charge implies that an individual possesses a controlled substance not for personal use, but with the intention of selling it. This often hinges on the quantity of controlled substances in a defendant’s possession.
Potential Defenses to Drug Possession with Intent to Distribute
- Insufficient Quantity: Our attorneys may argue that the amount of the drug was too small to reasonably infer intent to distribute.
- Lack of Evidence for Intent: If the prosecutor can’t establish that you had the intent to distribute, the charge may be dismissed.
- Misleading Circumstances: We may present evidence showing that the drugs were for personal use, supported by other circumstances or testimonies.
5. Driving Under the Influence of Drugs (DUID)
DUID charges in Colorado Springs occur when an individual is found to be operating a vehicle while impaired by drugs, which can include legal substances like prescription medications as well as illegal drugs.
Potential Defenses to DUID
- Lack of Impairment: Our criminal lawyers can argue that you weren’t impaired while driving, supported by performance on sobriety tests or lack of observable impairment.
- Medical Use: If you have a legitimate prescription for the drug in question, this can be a strong defense against DUID charges.
- Improper Testing Procedures: If law enforcement didn’t follow proper testing protocols or if the testing equipment was faulty, this could lead to the dismissal of the evidence.
Colorado Springs Top Drug Crime Lawyer
Navigating drug-related charges in Colorado can be complex, especially with evolving laws and regulations. Understanding the common charges and potential defenses is crucial for anyone facing such accusations. If you find yourself in this situation, it’s essential to contact an experienced drug crime lawyer who can provide guidance tailored to your specific circumstances. Remember, exercise your right to remain silent and contact Sawyer Legal Group today.
Don’t talk to police about drug charges – talk to us. 719-377-3544
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