How to Fight a Drug Charge In Colorado Springs

Colorado’s criminal justice system takes drug charges very seriously, especially with the increase in overdoses and accidental poisonings caused by fentanyl. In Colorado, it’s a crime to possess, use, distribute, or sell controlled substances. While some drug crimes have recently been downgraded from felonies to misdemeanor charges for up to four grams of narcotics like methamphetamine, heroin, cocaine, and ecstasy, drug crime charges involving highly addictive and potent fentanyl can quickly become level 1 drug crime felony charges. For instance, if the offense caused a death, if the fentanyl was trafficked into Colorado from another state, or if the accused was in possession of a pill press.

If you or a family member has been charged with a drug offense in Colorado Springs, it’s critical to hire an experienced Colorado Springs drug crime defense lawyer and launch a swift, assertive legal defense such as one described below. Schedule your free consultation today.

An Unlawful Search and Seizure Occurred

Challenging the Colorado drug charges on the basis of an illegal search and seizure is often an effective defense in drug crime cases in Colorado. Under the Fourth Amendment of the U.S. Constitution and Article II, Section 7 of the Colorado Constitution, Colorado residents have robust protections against unlawful search and seizures. For instance, if law enforcement officers did not have probable cause or did not have a proper search warrant, then the evidence they gathered must be excluded from the case, weakening the prosecutor’s case and often resulting in dropped charges.

Lack of Knowledge or Intent

Another common defense strategy for drug crime charges in Colorado is to assert a lack of knowledge or intent in the case. For instance, when the accused did not intend to possess the drug or was unaware of the nature of the substance they possessed, or when another individual placed the drugs on the property or person of the accused without their knowledge. Proving that the charged individual lacked knowledge or intention is a strong, effective defense.

Irregularities In the Chain of Evidence Occurred

“Chain of Custody” refers to the accounting that takes place from the moment law enforcement officers seize drugs or other evidence in a case until the evidence is presented in court. Colorado legislature describes this under WAC 434-662-060 in the following way:

“The agency must maintain chain of custody of the record, including employing sufficient security procedures to prevent additions, modifications, or deletion of a record by unauthorized parties.”

If an error or oversight occurred in the chain of evidence in a drug crime case in Colorado, such as mislabelling, improper handling, storage errors, or inadequate documentation, the evidence must be excluded from the case.

Entrapment Occurred In the Case

Under Colorado Revised Statute § 18-1-709, the law protects defendants from unlawful entrapment. The law states the following:

“The commission of acts which would otherwise constitute an offense is not criminal if the defendant engaged in the proscribed conduct because he was induced to do so by a law enforcement official…”

Demonstrating that the drug crime would not have occurred if the law enforcement officer hadn’t induced the defendant to commit a crime they otherwise would not have committed is an effective legal defense.

Faulty Lab Analysis Occurred

A criminal defense attorney in Colorado Springs can present a strong defense against drug charges in Colorado by demonstrating that the lab analysis of the seized substance was faulty due to flawed testing methods, breaks in the chain of custody, mishandling, lab technician errors, or lab misconduct. Proving faulty lab methods excludes the substance from being used as evidence in the case, collapsing the case

Finally, if none of the above effective defenses are appropriate in the case, an experienced drug crime defense attorney in Colorado will explore alternative sentencing options, such as enrollment in a drug diversion program or an addiction treatment program rather than prison. Contact us to discuss your legal options today.