Facing a charge of possession with intent to distribute drugs is a serious legal issue that can have severe consequences. If you are in Colorado and find yourself in this situation, understanding the charge and your rights is critical. This guide will explain the basics of possession with intent to distribute, the laws that apply in Colorado, and what steps you should consider taking.
What Is Possession With Intent to Distribute?
In simple terms, possession with intent to distribute means that you are accused of having illegal drugs not just for personal use, but with the intention of selling or sharing them. While the charge can apply to many substances, Colorado law is particularly strict when it comes to controlled substances like methamphetamine, heroin, cocaine, and marijuana.
Colorado’s Drug Laws
Under Colorado law, drug charges are divided into two main categories: possession and distribution. Possession with intent to distribute falls under the distribution category. The charge is typically more serious than simple possession because it implies that the individual intends to sell, distribute, or give away the drugs.
The severity of the charge and the associated penalties depend on several factors, such as the type of drug involved, the quantity in question, and whether you have a criminal history. Colorado has specific guidelines that place drugs into different schedules based on their potential for abuse and medical use. Drugs like heroin and methamphetamine are classified as Schedule I or II, meaning they are considered to have a high potential for abuse and limited medical use. Marijuana, while legalized for recreational use in Colorado, still has legal restrictions, especially when it comes to distribution.
Legal Implications of Possession with Intent to Distribute
The consequences of a conviction can be severe. If you are convicted of possession with intent to distribute in Colorado, you could face a lengthy prison sentence. Depending on the drug type and amount, sentences can range from several years to life in prison. Fines can be hefty, sometimes reaching up to hundreds of thousands of dollars. In some cases, probation may be an option, though it still comes with strict rules and penalties for violations. A conviction could stay on your record, which could affect your future employment opportunities, housing, and more.
What You Need to Know About the Charge
When facing a possession with intent to distribute charge, there are several factors the prosecution needs to prove. Understanding these elements can help you build a strong defense. The prosecution must show that you had the drugs in your possession. This can be proven by physical evidence like drugs found in your vehicle, home, or on your person. They must also prove that you had the intention to distribute or sell the drugs, rather than using them for personal consumption. Evidence can include packaging materials such as baggies, scales, or large amounts of cash, or statements you may have made to law enforcement, or even patterns in your behavior that suggest you were selling the drugs. The quantity of drugs plays a big role in determining whether you will be charged with simple possession or possession with intent to distribute. Large quantities often lead to the assumption that you intended to distribute the drugs.
The prosecution may also take into account any prior convictions or criminal history. If you have prior convictions for drug-related offenses, it may result in harsher penalties, even for first-time offenders.
Possible Defenses Against Possession With Intent to Distribute Charges
If you’re facing a possession with intent to distribute charge, several defenses might apply to your case. A strong defense strategy can help reduce the severity of your charges or even get the case dismissed altogether. Some common defenses include lack of intent, unlawful search and seizure, lack of knowledge, and improperly identified substances. If you can prove that you did not intend to distribute the drugs, you may be able to reduce the charge to simple possession. This can be difficult, but it’s possible to challenge the evidence of intent. If the drugs were found during an illegal search by law enforcement, they may not be allowed as evidence in your case. An experienced attorney can challenge evidence obtained without proper legal procedure. If you didn’t know the drugs were in your possession, you may be able to argue that you should not be held responsible. This can apply in cases where the drugs were hidden in a shared space or in an area you didn’t have control over. Sometimes, drugs can be misidentified by law enforcement. An expert witness can testify that the substance in question is not a controlled substance or is legally prescribed.
The Role of a Defense Attorney
A skilled attorney is invaluable when fighting a possession with intent to distribute charge. They can guide you through the legal process, challenge evidence, and negotiate on your behalf to secure the best possible outcome. With a charge like this, where the consequences are severe, legal representation is not just recommended, but necessary.
What to Do If You’re Facing These Charges
If you’re facing possession with intent to distribute charges in Colorado, there are some important steps to take. It’s essential that you don’t speak to law enforcement without an attorney. Anything you say can be used against you, so it’s best to remain silent until you have legal representation. If possible, gather any relevant information that could help your case, such as witnesses or documents that support your side. Contact an experienced criminal defense attorney who will review your case, identify any weaknesses in the prosecution’s case, and help you formulate a defense strategy. With an attorney, you will prepare for your court date. This includes building a defense, submitting evidence, and potentially negotiating a plea deal.
Understanding Colorado’s Drug Sentencing Laws
Colorado has mandatory minimum sentences for certain drug crimes, including possession with intent to distribute. These minimum sentences are designed to ensure that drug dealers face significant penalties for their actions. However, your defense team can still negotiate to reduce the sentence or explore alternatives to jail time, such as drug rehabilitation programs or community service. In some cases, a plea bargain can be negotiated to reduce charges from possession with intent to distribute to simple possession, which typically results in a less severe sentence.
Possession with intent to distribute in Colorado is a serious criminal charge with potentially devastating consequences. However, with the right defense strategy, it’s possible to challenge the charges and reduce the penalties. If you’re facing these charges, it’s essential to consult with a qualified criminal defense attorney who can navigate the legal complexities and fight for your rights.
At Hebets & McCallin P.C., we understand the stress and uncertainty that comes with facing drug charges. Contact us today for a consultation to discuss your case and explore your options for defense.