When someone is arrested in Boulder or anywhere in Colorado with an illicit drug in their possession, drug possession charges will be filed. The gravity of the charges will be affected by the type of drug found and the quantity. For instance, heroin and LSD are narcotics classified as Schedule I drugs. Because they are considered to be among the most dangerous drugs, possession of even a small amount of them will carry extreme charges.
Even though Colorado legalized marijuana in 2012, this did not change the rest of Colorado’s drug laws. A person can still be arrested and charged with marijuana possession if they are underage or if they are in possession of more than just the allowed amount of 1 ounce. In addition, marijuana may not be consumed in public or on federal land.
If you are arrested and charged with drug possession in Denver, the defense your Denver criminal defense attorney builds will be critical to getting you out of jail and protecting your freedom. Without an experienced Denver criminal defense lawyer on your side, drug possession charges could quickly escalate to drug trafficking charges. Here are some of the most common defenses for various drug possession charges.
Drug Possession Defense #1: Not Belonging to Defendant
The prosecution must show beyond a reasonable doubt that the drugs in question belonged to the defendant. An experienced Denver criminal defense attorney could assert that the accused had no knowledge of the drugs, hence destroying the prosecution’s case. This strategy is especially successful when the drugs are discovered on property not belonging to the defendant.
Drug Possession Defense #2: Illegal Search and Seizure
A Denver drug possession defense attorney can move to have the drug charges dismissed in a situation where law enforcement acquired the drugs from the accused by means of an illegal search and seizure. If the defendant’s Fourth Amendment rights were breached in the apprehension of the drugs, they will not be allowed as evidence in court.
Drug Possession Defense #3: Lack of Possession
Lack of possession is a common defense to a constructive possession charge. In situations where the prosecution may have difficulty proving the accused had the ability and intent to control the drugs in question, this approach can be highly successful. For example, when a car is pulled over with several occupants, it would be difficult to show that the drugs belonged to any one passenger over another. To prove constructive possession it is necessary to show dominion and control. Therefore, denial of dominion and control would be a strong lack of possession defense.
Drug Possession Defense #4: Entrapment
It is not an abuse of power for police to lie when attempting to ascertain whether someone is in possession of drugs. It is an abuse of power, however, to induce someone, who would not ordinarily buy drugs, into purchasing them. This is called entrapment, and is another solid defense for drug possession charges. Your attorney will be able to closely investigate the circumstances surrounding your arrest to determine if entrapment is a viable defense.
Drug Possession Defense#5: Unaware of Possession
Even though an individual is found to be in possession of drugs, they cannot legally be found guilty of possession if they were unaware that they were actually in possession of the drugs. For example, if someone gives an unsuspecting courier a package containing drugs, the courier cannot be charged with possession if they are later caught with the package.
Contact Our Boulder Drug Possession Lawyers Today
Those accused of drug charges should never attempt to defend themselves. Instead, it is imperative that you contact a skilled Boulder criminal defense attorney to present the strongest defense possible for you. Every drug case is different therefore a tailor-made defense must be designed for your situation.
If you have been arrested for drug possession in Denver, Aurora, Boulder, or anywhere in Colorado, contact the Boulder drug crime defense lawyers at Steven Louth Law Offices today for a free consultation and review of your case. Call us at (303)422-2297 to start building a solid defense against these serious criminal charges.