What Are Potential Defenses to Drug Crimes in Colorado?

If you are facing any type of drug-related offense in Colorado, it is critical to begin working on a defense strategy as soon as possible. The best defense strategies are those developed with the help of an experienced Denver criminal defense attorney, and those that are specifically tailored to the facts of your case. In other words, there is no one-size-fits-all defense when it comes to drug offenses, or even to a specific drug-related offense. You will also want to ensure that any defense strategy you put forward in your case attends to the specific circumstances in which you were arrested and charged, and the particular elements of the offense you are facing.

While there are a wide range of drug-related criminal charges in Colorado and many different possible defense options depending on the specifics of the case, our Denver drug crime defense attorneys can provide you with general information about potential defenses to the type of charges you are currently facing.

Possession and Trafficking Offenses 

Drug possession and drug trafficking offenses can be charged under Colorado state law or under federal law. Some general defenses that may be applicable to possession or trafficking-related offenses can include:

• Fourth Amendment violation, or unreasonable search and seizure: if the police did not have a warrant or probable cause and searched you or your property to find drugs, you may have experienced a violation of your Fourth Amendment rights;
• Alibi: you may have an alibi that shows you were not the person seen or captured on camera buying or selling drugs, for example, at a particular place and time;
• Entrapment: if a police officer or a person acting in that type of official capacity induced you to buy or sell or possess drugs, that could be an example of entrapment, and it may be a valid defense; or
• Prescription: you have a valid prescription for the drug in your possession.

Drugged Driving (DUI) Offenses 

With drugged driving, or DUI offenses, you can face charges for being under the influence of a drug that you were legally allowed to have (such as a prescription drug, or a lawful amount of marijuana), but driving under the influence of it is unlawful. Or, you could face consequences for driving under the influence of a controlled substance that you were not allowed to possess under Colorado law. Common drugged driving defenses can include, for example:

• Fourth Amendment violation: you were stopped without reasonable suspicion or searched (which can include a blood or chemical test) without probable cause; or
• There is another explanation for your behavior that appeared like drugged driving.

Contact Our Denver Drug Crime Lawyer 

If you have been arrested for or charged with any kind of drug-related offense in Colorado, from a misdemeanor to a felony, from a driving-related offense to a trafficking charge, from a state to a federal crime, it is critical to seek legal help as soon as possible. Building a strong defense will require working with an attorney who has experience handling drug crime defenses and tailoring defense strategies to meet client needs. One of the experienced Denver drug crime defense lawyers at DeChant Law can speak with you today about your case, and we can begin working with you on a defense strategy to fight the drug-related charges you may be facing.