Experienced Defense In Marijuana Possession Cases
If you have been accused of possession of marijuana, 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.
Call us at 303-872-4719 in the greater Denver area or toll free at 888-725-2609 across Colorado for an initial consultation at reduced Rates.
Colorado law allows for the possession of one ounce or less of marijuana for personal use. Possession of more than that amount, however, still brings the possibility of criminal penalties into play. The penalties depend on the amount, ranging from a petty offense from 1 to 2 ounces all the way up to a felony for more than 12 ounces.
Possible Defenses For Possession Of Marijuana
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 marijuana, the defense would focus on whether any urinalysis tests 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 marijuana 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 marijuana lawyer to defend you in a possession of marijuana case in Golden, Jefferson County or across Colorado.