Possession Of A Controlled Substance
If you have been accused of possession of a controlled substance, you have the right to fight the charges. An experienced attorney can help. At Pearson & Paris, P.C., we have more than 50 years of combined legal experience that we will use in your defense. Perhaps more importantly, our top criminal defense attorney is a former senior prosecutor who knows how district attorneys handle these cases. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles.
Whether in the Denver area, or anywhere in Colorado, it is unlawful to knowingly possess a controlled substance. This offense constitutes a class 6 felony where the controlled substance weighs less than 4 grams.
A controlled substance includes all substances included in schedules I through V, and includes such narcotics as meth, cocaine, heroin, crack and prescription medications.
Many courts in Colorado have adopted a drug court model that seeks to place offenders in treatment programs rather than in custody. In some jurisdictions it is possible to avoid a criminal conviction by successfully participating in drug court. It is important that the person discuss his eligibility for drug court with a knowledgeable attorney to maximize his potential for rehabilitation while reducing his exposure to a criminal conviction or incarceration.
Possible Defenses For Possession Of A Controlled Substance
The key to defending any “possession” charge is showing that the person did not “knowingly” possess any drugs or paraphernalia (i.e., “Lack of Knowledge”). Often the drugs that were found in a vehicle or residence were left behind by another occupant of the vehicle or a roommate. Sometimes the drugs were found in a location where it cannot be said that the person possessed them since he no longer had actual control over them. Where a charge alleges the mere use of a controlled substance, the defense would focus on whether any urinalysis test were performed, and to what extent the officer was qualified in recognizing the symptoms of drug use.
The remaining defenses that may be applied in a possession of a controlled substance case apply with equal force to those that may apply in any other criminal case. This includes an analysis of any violation of constitutional rights, such as the right to remain silent, the right to counsel, the right to have any searches and seizures based on probable cause, a proper warrant, and the right to due process in the proper preservation of evidence that may be used against you. Many other defenses are available that rely on scrutinizing and exposing weaknesses in the prosecutor’s case, such as: biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood or urine for forensic testing, incompetent computer evidence, flawed photo lineups, and inaccurate crime scene/accident reconstructions.
It is important that you hire a skilled and experienced possession of a controlled substance lawyer to defend you in a possession of a controlled substance case in Lakewood, Jefferson County or across Colorado.