Getting Drug Possession Charges Dropped in Colorado
If you are facing drug possession charges, there are a few things you can do to try to get the charges dropped. Depending on the facts of your case and your criminal history, you may be eligible for a motion to suppress, drug treatment, community service, or pre-trial diversion. Keep reading to learn more about each of these options.
Contact a Lawyer Immediately
If you’re facing drug possession charges, the first thing you should do is contact a lawyer. A lawyer can assess your case and determine the best course of action. Your lawyer will obtain the police report and any other evidence that exists in your case. Once they have this information, they will share it with you so you can understand the charges against you.
Motion to Suppress
One option for getting drug possession charges dropped is to have an experienced criminal defense lawyer file a motion to suppress evidence. A motion to suppress is a request made by the defense to the judge asking that certain evidence be excluded from consideration at trial. If the judge grants the motion, the evidence will be excluded from your case, and the prosecutor will likely not be able to continue with the charges against you.
The most common grounds for motions to suppress are (1) the police obtained the evidence through an illegal search or seizure, or (2) the defendant’s Miranda rights were violated during questioning by police. However, there are other grounds for motions to suppress and an experienced criminal defense lawyer will know what grounds may apply in your specific case.
If this is your first offense and there is evidence that you have a drug problem, the judge may order you to attend drug treatment instead of going to jail. Drug treatment can include inpatient or outpatient rehab, counseling, and 12-step programs like AA or NA. Completing drug treatment will often result in the charges against you being dropped.
Pre-trial diversion is a program for offenders that allows you to avoid going to trial and having a criminal record if you complete certain conditions set by the district attorney’s office. These conditions typically include staying out of legal trouble for a period of time, attending anger management classes or drug/alcohol counseling, and completing community service hours. If you successfully complete pre-trial diversion, the charges against you will be dropped.
Accept a Plea Deal
Another option for getting drug possession charges dropped is to accept a plea deal from the prosecutor. A plea deal is an agreement between the prosecutor and the defendant in which the defendant agrees to plead guilty to a lesser charge in exchange for the prosecutor dropping the original charge.
For example, if you are charged with possession of a controlled substance, the prosecutor may offer to drop the charges if you agree to plead guilty to possession of drug paraphernalia.
Depending on the circumstances surrounding your case, there may be several options available to help you get your drug possession charges dropped. At Anaya & Chadderdon, P.C., our team of experienced criminal defense lawyers will review your case and work with you to find the best option for getting your charges dropped so that you can move on with your life. Contact us today for a free consultation.