How To Beat A Drug Trafficking Charge In Colorado

Any type of drug charge has the potential to change your life forever, and that’s definitely the case with drug trafficking. In Colorado, authorities are on the lookout for drug trafficking throughout the state.

For example, the Colorado Attorney General and DEA Task Force recently wrapped up a nearly two-year-long investigation that involved 77, 000 counterfeit oxycodone pills, 60 pounds of heroin, and $931,000 in U.S. currency.

Keep in mind, even though drug trafficking is a serious criminal charge, your charges don’t necessarily have to result in a conviction. Our Denver drug charges lawyer explains possible legal defenses to help dismiss or reduce the charges against you.

How to get a drug trafficking charge dismissed or reduced?

There’s not a one-size-fits-all approach to defending against drug trafficking charges in Colorado. Instead, you must consider all of the possible defense strategies available to you, including:

• “Insufficient evidence”: If the state doesn’t have the evidence to back up its claims against you of drug trafficking, your attorney can use it to your advantage in court. The burden of proof is on your accusers. 
• Challenging how the state procured its evidence: It’s one thing for the state to have evidence against you. It’s another thing entirely for the state to procure its evidence through legal and acceptable means. Your attorney will no doubt scrutinize the evidence presented to make sure it’s admissible in court.
• Challenging “confidential informants” using the 6th Amendment: The Sixth Amendment grants you the right to confront your accusers, including any “anonymous” informants whose testimony the police may be using as evidence against you. Your attorney may request that these informants be revealed in order to evaluate their credibility.
• “Entrapment”: This comes into play if law enforcement induced you to commit a crime you wouldn’t otherwise have committed on your own. Your drug attorney will defend you against this type of foul play.
• Requesting an amendment of the charge: If a conviction must be given, your drug charges lawyer may try to request an amendment of the charge to lessen the likelihood of a serious penalty, such as prison time. 
• Offer “substantial assistance” to law enforcement: You may not want to cooperate with law enforcement, but it can go a long way in lessening the punishment you receive. By offering assistance in exchange for a reduced drug charge, you’ll help the authorities uncover other more serious drug-related crimes. 

Your drug attorney may choose one or a combination of the above legal strategies to help you avoid a conviction in relation to your drug trafficking charges. Even if you can’t avoid a sentence, your attorney may be able to secure you a lesser penalty, such as probation instead of a prison sentence. 

When combined with other approaches, such as submitting character letters, you position yourself to avoid a conviction or at the very least reduce your punishment. 

Either way, make sure to consult with a skilled Denver drug defense lawyer who can determine the best route to take in your Colorado drug crime case.

How much jail time will you get for a felony drug conviction?

Penalties associated with felony drug convictions are among the most serious. However, they vary based on many factors, including the type of crime, your criminal record, and the type(s) or drugs that were involved.

Let’s start with outlining the five schedules that define the different drug types:

• Schedule I: a highly addictive substance with no medical use.
• Schedule II: a highly addictive substance with medical uses and has the potential to result in dependence. 
• Schedule III: low risk for abuse with medical uses and only a moderate risk of dependence. 
• Schedule IV and V: low potential for abuse and dependence, with accepted medical uses.

Now, here are some examples of the types of drugs that fit into each schedule:

• Schedule I: LSD, heroin, PCP
• Schedule II: cocaine, methadone, Vicodin, Oxycodone
• Schedule III: ketamine, testosterone, and anabolic steroids
• Schedule IV and V: Darvocet, Xanax, Talwin, and Ambien

When the case involves higher level drugs such as Schedule I or II, or the offense involves manufacturing or sales, you may face felony charges. Penalties for drug trafficking can range from a fine of $1,000 and/or a six-month jail term to 32 years in prison and up to a $1 million fine. Repeat offenders are more likely to receive the harshest penalties allowed by Colorado law. 

Give yourself the best odds with a Denver drug charges lawyer

Yes, a drug trafficking charge in Colorado is a serious crime, but there are ways to beat a conviction. At the Law Offices of Steven J. Pisani, LLC we have the experience and knowledge you’re looking for in a skilled drug defense lawyer. 

Over a decade, we’ve successfully helped good people get through tough times involving serious drug charges including drug trafficking. Give us a call or contact us online to schedule a free consultation today. We’ll discuss your drug charges and explain the best options for moving forward.