Drug Crimes Defense Attorney in Colorado Springs
Colorado Drug Crimes Defense
If you have been charged with a drug crime in Colorado Springs, contact attorney Mike Moran for experienced and reliable legal representation.
Mike will provide the knowledgeable counsel and aggressive defense strategy needed to protect your rights and interests throughout the criminal justice process. With an unwavering commitment to his client’s success, he is ready to fight for your freedom.
The law firm Mike W. Moran, P.C. has extensive experience representing clients charged with many types of drug offenses, including possession, distribution, trafficking, manufacturing, and other criminal violations related to drugs. We also offer legal services for those seeking expungement or a record seal. With our law firm on your side, you can rest assured that your legal rights and interests are being defended.
Schedule a free consultation today to discuss your case and explore the available defense options at (719) 447-1923.
Understanding Drug Crimes in Colorado
Drug crimes in Colorado Springs encompass illegal activities involving controlled substances, such as possession, distribution, trafficking, and manufacturing. These offenses encompass illegal drugs like cocaine, heroin, and methamphetamine, as well as unlawfully obtained prescription medications.
Penalties for drug crimes vary based on factors like the type and quantity of the drug, prior criminal record, and involvement of minors or firearms. While Colorado has legalized marijuana, regulations exist to control its use and distribution. Legal defenses can be employed, like contesting search legality or proving a lack of intent to distribute.
What Is a Controlled Substance?
A controlled substance is a drug or chemical compound whose use, possession, distribution, and manufacturing are regulated by government authorities. These regulations are established to manage the potential for abuse, dependency, and potential harm to individuals and society. Controlled substances are categorized into different schedules or classes based on their medical value and potential for abuse.
The categorization typically considers factors such as the substance’s pharmacological effects, potential for addiction, and accepted medical uses. Different jurisdictions may have varying schedules or classifications for controlled substances.
Common examples of controlled substances include illegal drugs like heroin, cocaine, and methamphetamine, as well as certain prescription medications like opioids and stimulants. The possession, distribution, and manufacturing of these substances without proper authorization can lead to legal consequences.
Types of Drug Crimes in Colorado
In Colorado Springs, various types of drug crimes encompass a range of illegal activities related to controlled substances. Here are some of the main types of drug crimes in the area:
- Possession: Drug possession involves having illegal substances in your possession or control. Simple possession refers to having a small amount of drugs for personal use. However, possession of larger quantities or possession with intent to distribute can lead to more severe charges.
- Distribution and Trafficking: Drug distribution involves selling, transferring, or delivering controlled substances to others. Trafficking refers to the illegal transportation and distribution of drugs on a larger scale. These crimes often carry harsher penalties due to their impact on communities.
- Manufacturing and Cultivation: Manufacturing involves producing illegal drugs, such as operating a meth lab or creating synthetic drugs. Cultivation is specific to growing controlled substances, like marijuana plants. Both manufacturing and cultivation are serious offenses with severe legal consequences.
- Prescription Drug Crimes involve the illegal possession, distribution, or sale of prescription medications. Offenses can include obtaining multiple prescriptions from different doctors (doctor shopping), forging prescriptions, or selling prescription drugs without proper authorization.
- Drug Paraphernalia: Possessing, manufacturing, or selling drug paraphernalia, such as items used for consuming or producing drugs, is also a crime in Colorado Springs. This can include items like pipes, bongs, syringes, and scales.
- Conspiracy: Engaging in a conspiracy to commit a drug crime, even if the crime isn’t ultimately carried out, can still lead to criminal charges. Conspiracy involves an agreement between two or more individuals to commit an illegal act.
- Money Laundering: Drug proceeds are often laundered to make them appear legitimate. Engaging in financial transactions intending to conceal the origin of drug-related funds is considered money laundering and a severe offense.
- Juvenile Drug Crimes: Minors involved in drug-related activities can face specialized legal consequences. These can include diversion programs, counseling, or other interventions aimed at rehabilitation.
Drug Laws Specific To Colorado Springs
Colorado has relatively liberal drug policies compared to other U.S. states, especially regarding marijuana. Colorado was one of the first states to legalize recreational marijuana, and it has a mature, regulated market for both medicinal and recreational cannabis. However, it’s crucial to remember that federal law still considers marijuana to be an illegal substance. Local jurisdictions within Colorado, such as Colorado Springs, may also have specific rules and regulations, even though state law allows marijuana.
Here are the drug laws in Colorado Springs:
- No Recreational Sales: Colorado Springs has opted out of recreational marijuana sales. While it is legal to possess and use recreational marijuana in the city by state law, you cannot purchase it from a recreational dispensary within the city limits.
- Medical Marijuana: Medical marijuana dispensaries are permitted in Colorado Springs. Patients with qualifying conditions can purchase and possess more significant amounts of marijuana than recreational users.
- Personal Use and Possession: Adults 21 and over can possess up to one ounce of marijuana, per state law. However, public consumption is not allowed.
- Home Growing: By state law, adults can grow up to six marijuana plants per person, with a maximum of 12 plants per household. These plants must be grown in an enclosed, locked area not visible from public spaces.
- Schedule I and II Drugs: Possession, sale, or distribution of controlled substances like heroin, cocaine, and methamphetamine is illegal and subject to severe penalties under state and federal law.
- Prescription Drugs: Possessing prescription medication without a valid prescription is illegal.
- Drug Paraphernalia: Possession of any equipment, product, or material that is intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance is illegal.
Other Notable Laws:
- DUI (Driving Under the Influence): Colorado has strict DUI laws, including for driving under the influence of drugs. Penalties may include fines, loss of license, and even jail time.
- Public Consumption: Using controlled substances in public spaces, especially highly trafficked areas like schools, parks, and public transport, is illegal and punishable by law.
- Federal Lands: It is worth repeating that possession or use of controlled substances, including marijuana, is illegal on federal lands, even if you are within the Colorado Springs city limits.
- Harm Reduction: Some measures, such as needle exchange programs, exist within Colorado as harm reduction strategies for drug users. However, the availability and legality of these programs may vary by jurisdiction and over time.
Penalties For Drug Crimes In Colorado Springs
Penalties for drug crimes in Colorado Springs can vary widely depending on several factors, such as the type of drug, the quantity involved, the intent (personal use, distribution, etc.), and prior convictions. Below are some general categories of drug crimes and their potential penalties.
- Public Consumption: Public use of marijuana can result in fines and is generally treated as a petty offense under Colorado law.
- Unlawful Possession: Adults with more than the legal limit of 1 ounce but less than 2 ounces of marijuana may face a petty offense charge and a fine.
- Home Growing Violations: Exceeding the home-growing limit can result in criminal penalties, ranging from a misdemeanor to a felony, depending on the number of plants and other circumstances.
Controlled Substances (Schedule I and II):
- Simple Possession: Possession of a small amount for personal use can result in misdemeanor charges, with penalties that include fines and possible jail time.
- Distribution or Manufacture: These are generally felony offenses with severe penalties, including lengthy prison sentences and significant fines.
- Possession with Intent to Distribute: This is also generally a felony and is determined by the amount of the drug found, as well as other evidence like packaging materials, scales, etc. Penalties include prison time and fines.
Prescription Drug Offenses:
- Illegal Possession: Unlawfully possessing prescription drugs can lead to misdemeanor or felony charges, depending on the quantity and circumstances.
- Forgery/Fraud: Obtaining prescription drugs through forgery or fraud is a felony, with penalties including imprisonment and hefty fines.
- Repeat Offenses: Repeat offenses usually result in more severe penalties.
- School Zones: Drug offenses committed within school zones or designated areas often impose stiffer penalties.
- DUI (Driving Under the Influence): DUI laws in Colorado are strict and can result in fines, loss of license, and imprisonment. A DUI charge related to drug use is treated similarly to alcohol use.
- Federal Charges: If you are caught with drugs on federal property, you can face federal charges, which are often more severe than state charges.
- Drug Paraphernalia: Possession of drug paraphernalia is generally a petty offense or misdemeanor, with penalties including fines and possible jail time.
Other Consequences Of A Drug Charge Conviction In Colorado
Colorado drug possession charges can have various consequences beyond legal penalties.
These consequences can affect different aspects of a person’s life, including their personal, professional, and social life.
Here are some other consequences of drug possession charges in Colorado:
- Criminal Record: A drug possession conviction in Colorado can result in a criminal record. Having a criminal record can make it challenging to find employment housing and may affect your ability to obtain loans or scholarships.
- Employment: Many employers conduct background checks, and a drug conviction can make securing specific jobs challenging, particularly those requiring security clearances or involving working with vulnerable populations such as children or older people.
- Professional Licensing: A drug possession conviction can jeopardize your ability to practice in your field if you hold a medical or legal license. Many licensing boards in Colorado may investigate and take disciplinary action against individuals with drug convictions.
- Student Aid: Drug convictions can also affect your eligibility for federal student aid. If you are convicted of a drug offense while receiving federal student aid, you may lose your eligibility for some time.
- Child Custody and Family Matters: A drug possession conviction can influence custody determinations in family court. It may be considered a factor when deciding what’s in the child’s best interest.
- Housing: Landlords often conduct background checks on prospective tenants. A drug possession conviction can make it difficult to secure rental housing, and you may face eviction if your current lease restricts drug use.
- Immigration Consequences: Non-U.S. citizens, including legal permanent residents, can face deportation or other immigration consequences due to drug possession convictions, even for seemingly minor offenses.
- Loss of Firearms Rights: A drug possession conviction can result in losing your Second Amendment rights to own or possess firearms in Colorado.
- Social Stigma: Being convicted of a drug offense can lead to social stigma and strained relationships with friends, family, and the community.
- Probation and Parole: If you receive probation or parole as part of your sentence, you will be subject to strict supervision, drug testing, and reporting requirements, which can significantly impact your daily life.
- Substance Abuse Treatment: Courts in Colorado may require individuals convicted of drug possession to complete substance abuse treatment programs, which can be costly and time-consuming.
Why You Need A Specialized Drug Crime Defense Attorney
Facing a drug possession crime can be intimidating and overwhelming. An experienced drug crimes defense attorney in Colorado Springs will provide you with comprehensive legal advice, guide you through every step of the proceedings, and help you make informed decisions that are in your best interests. With their knowledge of the law and detailed understanding of local court rules and practices, a drug crimes defense attorney in Colorado Springs will work to build the most robust possible case on your behalf.
We can also help you identify alternatives to incarceration or probation that may be available in your circumstances, such as diversion programs or community service. With a dedicated defense attorney by your side, you can achieve a favorable outcome for your case.
Why Choose Michael W. Moran?
Mike W. Moran is a top-rated drug crimes defense attorney in Colorado Springs. With a wealth of experience in the field, he provides comprehensive legal services tailored to each client’s unique circumstances.
Mike takes a proactive approach to defending his clients. He meticulously reviews every detail of the charges against them, scrutinizing the legality of the arrest, the search and seizure procedures, and the integrity of the evidence. This thorough analysis allows him to identify any procedural errors or inconsistencies that could be used to challenge the prosecution’s case.
Moreover, Mike recognizes the value of a personalized defense strategy. He understands that every client’s situation is unique and requires a unique approach. To this end, he works closely with his clients, understanding their needs, concerns, and objectives to craft a defense strategy that provides the best possible outcome for your case.