Drug crime charges in Denver can encompass a wide range of offenses, from simple possession to more serious charges involving distribution, manufacturing, or trafficking. The criminal justice system in Colorado imposes severe penalties for drug crime convictions, and your rights, freedom, and future could be at stake. If you are facing drug crime charges, choose the dedicated Denver drug crimes defense lawyer Richard B. Huttner to pursue a strong defense strategy to get your charges dismissed or reduced.
The Role of a Drug Crimes Defense Lawyer in Denver, CO
The primary objective of proven and capable drug crimes defense attorney Richard Huttner is to protect your legal rights, challenge the prosecution’s evidence, provide a robust defense, and obtain the best possible outcome for your case.
- Case Evaluation: We will carefully assess the details of your drug-related crime, including the evidence, witness statements, and circumstances surrounding the alleged drug crime.
- Customized Defense Strategies: We will challenge the evidence against you, protect your rights, and minimize the impact of the drug charges.
- Evidence Analysis: We will review the legality of search and seizure procedures, the reliability of witness statements, and the chain of custody for evidence.
- Negotiation Skills: We will negotiate with the Colorado public defender for reduced charges, alternative sentencing options, or the possibility of diversion programs.
- Courtroom Representation: We can present a compelling defense, cross-examine witnesses, and ensure that your rights are upheld.
- Alternative Sentencing: Your drug crimes lawyer will explore alternative sentencing options, such as drug rehabilitation programs, probation, or community service, with the goal of helping you avoid incarceration and addressing underlying issues.
Types of Drug Crimes in Colorado
Drug Possession
- Simple Drug Possession: Unlawful possession of a controlled substance, which can range from marijuana to illegal drugs like cocaine or methamphetamine.
- Possession of Drug Paraphernalia: Possession of items used to manufacture, use, or distribute drugs and other controlled substances, such as pipes or syringes.
Drug Distribution and Trafficking
- Drug Distribution: The sale, transfer, or delivery of controlled substances to others, including selling drugs to undercover officers.
- Drug Trafficking: This involves large quantities of drugs, often crossing state or national borders. Trafficking charges carry severe penalties.
Drug Manufacturing
The illegal creation or manufacture of controlled substances, such as methamphetamine or synthetic drugs.
Prescription Drug Offenses
- Prescription Fraud: Forging prescriptions or obtaining prescription drugs through deceit or fraudulent means.
- Possession of Prescription Drugs: Obtaining prescription drugs without a legitimate prescription.
Possession with Intent to Distribute
Possessing a significant amount of drugs with evidence of intent to distribute, such as packaging materials or large sums of cash.
Marijuana Offenses
- Illegal Grow Operations: Operating unlicensed or non-compliant marijuana cultivation sites.
- Selling Marijuana Without a License: Engaging in the unlicensed sale of marijuana.
An Overview of Colorado Drug Laws
Controlled Substances and Drug Classification Schedules
- Schedule I Substances: This category includes drugs with a high potential for abuse and no accepted medical use in treatment. Examples include heroin, LSD, and ecstasy. There is no legal limit for these drugs. If facing drug charges involving these substances, you need aggressive representation from a capable legal professional like Richard Huttner.
- Schedule II Substances: Schedule II drugs have a high potential for abuse but may have accepted medical uses. This category encompasses drugs like cocaine, methamphetamine, and prescription medications like oxycodone and fentanyl.
- Schedule III Substances: Schedule III drugs have a moderate potential for abuse and accepted medical uses. Some prescription medications, such as anabolic steroids and some barbiturates, fall into this schedule.
- Schedule IV Substances: This category of drug schedules has a lower potential for abuse and widely accepted medical uses. Common drugs in this category include Xanax, Ativan, and other prescription medications.
- Schedule V Substances: Drugs involved in this schedule have the lowest potential for abuse and accepted medical uses. Many over-the-counter medications and some prescription drugs, like cough preparations with less than 200 milligrams of codeine per 100 milliliters, are included.
Drug Offense Penalties in Denver, CO
Penalties for drug-related offenses can vary based on the drug classifications, quantity of the drug involved, prior criminal history, and other factors:
- Possession: Illegal possession of a controlled substance can lead to criminal charges. Penalties depend on the type and quantity of the drug and can range from hefty fines to incarceration.
- Distribution and Trafficking: Drug distribution, trafficking, and manufacturing offenses are the most serious drug offenses and carry more severe penalties. They often result in substantial fines and imprisonment. Penalties can be enhanced if offenses occur near schools or involve minors.
- Prescription Drug Offenses: Possession of prescription drugs without a valid prescription or prescription fraud, such as forging prescriptions, are drug-related crimes.
Marijuana Laws in Colorado
Colorado has been at the forefront of changing marijuana laws, legalizing both medical and recreational use of the drug:
- Recreational Marijuana: Colorado legalized the recreational use of marijuana for adults aged 21 and older in 2012. This allows individuals to possess, purchase, and privately cultivate limited quantities of marijuana.
- Medical Marijuana: Medical marijuana has been legal in Colorado since 2000. Patients with qualifying medical conditions can obtain medical marijuana cards and purchase marijuana from licensed dispensaries.
- Restrictions: Public consumption and driving under the influence of marijuana remain illegal. Denver also regulates the number of marijuana plants individuals can cultivate for personal use.
Legal Process for Drug Crimes Cases in Colorado
Drugs and other controlled substance-involved crimes usually follow these steps:
- Investigation
- Arrest
- Booking
- Initial Appearance
- Preliminary Hearing (Optional)
- Filing of Charges
- Arraignment
- Discovery
- Pretrial Motions
- Trial
- Verdict
- Sentencing
- Appeals (If Applicable)
You should speak with our defense lawyers, especially if aggravating factors are involved in your arrest.
Why Do You Need a Denver Criminal Defense Lawyer?
Remember that the prosecution will do everything in its power to obtain a drug crime conviction. Top drug crimes defense lawyer Richard Huttner will fight to have your Colorado drug charges dismissed or reduced to avoid severe consequences, which could include:
- Incarceration
- Fines
- Probation
- Driver’s license suspension
- Criminal record
- Substance abuse treatment
Potential Defenses and Legal Strategies Our Attorney Will Employ
Leading Denver, CO drug crimes lawyer Richard Huttner has a solid understanding of Colorado law and the criminal justice system. He will use all possible avenues to prevent a criminal conviction for your drug misdemeanor or felony.
- Lack of Evidence: We will challenge search and seizure procedures, witness statements, and evidence handling.
- Constitutional Violations: Our Denver drug crimes lawyer will explore whether your constitutional rights were violated during the arrest or investigation.
- Entrapment: Our Colorado drug defense attorneys will argue that you were induced or coerced into committing the drug-related offense by police officers.
- Diversion Programs: We will look for alternatives to incarceration, such as drug rehabilitation programs or probation.
- Valid Prescription: Our Colorado drug crime lawyer will assert a valid prescription defense for your drug cases.
- Lack of Knowledge: We will demonstrate that you were unaware of the presence of illegal drugs.
- Chain of Custody Issues: Our attorney will scrutinize the handling of evidence, including its collection, storage, and transfer.
Meet Our Experienced Drug Crimes Defense Attorney
Richard B. Huttner is a seasoned criminal defense lawyer with over 29 years of experience. He has a deep passion for helping the underdog and takes great satisfaction in easing his clients’ fears and anxieties. Richard has earned recognition and honors for his legal work, including a “10.0” Superb Avvo Rating and membership in the National Trial Lawyers Association’s Top 100 Trial Lawyers.
He is also a founding member of the National College of DUI Defense and an active participant in various legal associations, including the Arapahoe County Bar Association, National Association of Criminal Defense Attorneys, and Colorado Criminal Defense Bar Association.
Get Legal Help from a Top-Rated Drug Crimes Defense Attorney in Denver, CO
The experienced drug crimes defense lawyer Richard B. Huttner will leave no stone unturned to have your case dismissed or charges reduced. With years of experience and a steadfast commitment to defending the accused in drug crimes, attorney Huttner has a proven track record of achieving positive results for clients. To schedule a free and confidential consultation with Mr. Huttner for your drug crimes charges, call (303) 981-6366 or complete this online contact form.