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Lakewood Criminal Defense Attorneys

Lakewood Drug Possession Defense Lawyer

Experienced Drug Possession Defense Attorneys in Lakewood, CO

lakewood drug possession defense lawyers

Being charged with drug possession in Colorado is a serious matter with potentially life-changing consequences. Knowing your rights is crucial, and having the guidance of an experienced Lakewood Drug Possession Defense Lawyer can help safeguard your freedom and reputation throughout the legal process.

Understanding Drug Possession Laws in Colorado

Colorado law classifies drugs as “controlled substances” and organizes them into schedules based on their potential for abuse and medical use. These classifications, aligned with federal law, play a key role in determining the severity of a drug possession charge. The seriousness of the offense is influenced by three main factors:

  1. The schedule of the drug
  2. The quantity of the drug
  3. The purpose for possessing the drug

Possessing a small amount of a controlled substance for personal use is treated less severely than manufacturing or distributing drugs. However, larger quantities may lead to charges of possession with intent to distribute, which carry heavier penalties. For example, if the amount of drugs exceeds what one person could reasonably use, prosecutors may argue there was intent to sell or distribute.

Marijuana Possession in Colorado

In Colorado, adults can legally possess up to one ounce of marijuana. Possession of larger amounts, however, can result in felony charges. For instance, having more than one ounce could lead to a Level 3 drug felony if prosecutors believe the intent was to distribute.

Circumstances matter in such cases. If the excess marijuana is stored at home, a defense attorney might argue it was for personal use. Conversely, marijuana divided into smaller bags and found in a vehicle could strengthen the prosecution’s claim of intent to sell.

Enhanced Penalties for Drug Offenses

Certain factors can lead to harsher penalties for drug crimes in Colorado, such as:

  • Involvement of minors: Using minors in drug transactions or providing drugs to them.
  • Proximity to schools: Committing drug-related offenses near school property.

Fourth Amendment Rights and Drug Crimes

The Fourth Amendment protects individuals from unreasonable searches and seizures, making it a vital consideration in many drug possession cases. Defense attorneys often examine whether law enforcement acted within the bounds of the law when obtaining evidence.

If the police conducted an unlawful search, your lawyer might suppress the evidence, potentially leading to a dismissal of the charges.

Key points about your Fourth Amendment rights:

  • Probable Cause: Law enforcement must have a reasonable basis to believe a crime has occurred or is about to occur to conduct a search.
  • Consent: If you allow the police to search your property, you waive the right to challenge the legality of the search later.

If the police request consent to search, it may indicate they are unsure whether they have probable cause.

Search Warrants

A search warrant is issued when a judge determines that sufficient probable cause exists. If the police present a warrant, it is advisable to comply with the search. However, in some cases, officers may conduct a “warrantless search” if they believe evidence could be destroyed before obtaining a warrant.

Contact a Lakewood Drug Possession Defense Lawyer

Drug possession charges are serious and require the expertise of a skilled Lakewood attorney. We are dedicated to providing the legal guidance and representation you need to navigate your case effectively. Don’t face these challenges alone—contact us today to schedule a consultation with a Lakewood Drug Possession Defense Lawyer and take the first step in protecting your rights.