Drug Possession

While Colorado has seen several changes regarding legal and illegal drugs in the past decade, law enforcement across the state claims the war on drugs is still in full force.

Now that marijuana is legal, authorities have refocused their efforts on other substances, like cocaine, heroin, and prescription drug fraud. Because of this, if you are arrested for drug possession, the potential consequences of a conviction are severe.

At the Law Offices of Steven J. Pisani, we understand the impact of drug charges on your life. As experienced trial attorneys, you can count on us to provide aggressive legal representation to help protect your rights and achieve the best possible outcome for your case.

We believe knowledge is power, and here, you can learn more about drug possession charges in Denver and how we can help you build a solid defense.

Understanding Drug Possession Laws in Denver

Colorado has been at the forefront of drug reform in the United States. For example, on March 1, 2020, the state removed the possibility of facing felony charges when in possession of up to four grams of some narcotics. Examples included methamphetamine, heroin, ecstasy, and cocaine.

If you are found guilty of misdemeanor possession of these drugs, you may face two years of probation rather than the former six to 18 months in jail.

While this has relaxed the stance on drugs in the state, there are still serious consequences of drug possession. Because of this, we encourage you to contact our office to discuss your situation as soon as possible.

Potential Penalties for Drug Possession in Denver

Usually, drug use and drug possession charges are misdemeanors in Denver. However, you may face felony charges if you possess over four grams of a Schedule I or II drug.

While jail time is a possibility, drug laws favor rehab or treatment over sending you to jail. Some of the factors that determine the consequences you face include:

• The quantity of drugs you have
• The schedule drug you possess
• If the drugs were for personal use, large-scale distribution, or sale
• Past drug use and criminal history

At the Law Offices of Steven J. Pisani, our drug possession defense lawyers in Denver can help you better understand your options and potential consequences and take steps to build a solid defense on your behalf.

Potential Defenses to Drug Possession Charges

Facing drug possession charges in Denver can be a stressful experience, carrying severe penalties that can impact your life in many ways. At The Law Offices of Steven J. Pisani, we understand the complexities of Colorado drug laws and offer experienced legal representation to help defend against these charges.

Below are several potential defenses that could be crucial in your case.

Constructive Possession

A common defense against drug possession charges revolves around the concept of constructive possession. This argument is made when drugs are found in a location accessible to multiple people, and it’s unclear who the drugs belong to. Proving that the defendant had control and intention to control the drugs can be challenging for the prosecution in these cases.

Incidental Discovery During Illegal Search

Asserting that the drugs were discovered as a result of an illegal search can lead to evidence being deemed inadmissible in court. The Fourth Amendment protects against unreasonable searches and seizures, and any drugs found during such searches cannot be used against you in court, possibly leading to the charges being dropped.

Medical Necessity

In some instances, especially with the legalization of medical marijuana in Colorado, an individual can assert that possession of certain drugs was for a legitimate medical purpose. Evidence of a medical prescription or a doctor’s recommendation can sometimes serve as a defense against possession charges.

Lack of Possession

This defense argues that the defendant did not possess the drugs. It might seem straightforward, but proving someone else was the actual possessor or that the defendant had no knowledge of the drugs being in their vicinity can complicate the prosecution’s case.

Entrapment

Entrapment occurs when law enforcement officials induce a person to commit a crime they would not have otherwise committed. If it can be proven that the defendant was encouraged or coerced into possessing the drugs by the police, this can serve as a viable defense against possession charges.

Utilizing these defenses effectively requires an understanding of legal principles and the specifics of your case. The drug possession defense attorneys at the Law Offices of Steven J. Pisani have the experience and ability to investigate your case, challenge the prosecution’s evidence, and advocate for the best possible outcome.

Contact Denver Drug Possession Defense Attorneys for Assistance

While there is no legal requirement for you to have an attorney when facing drug possession charges, it is your right. We encourage you to contact our office to discuss your situation.

When you choose us as your defense attorneys, you can feel confident that we will fight aggressively to protect your rights. Contact us today.