Tag: drug crimes

The Consequences of Allowing Someone to Manufacture Drugs on Your Property

The Consequences of Allowing Someone to Manufacture Drugs on Your Property

Drug crimes—especially drug manufacturing crimes—are aggressively prosecuted in the state of Colorado. In fact, sometimes people who are not even directly involved in the process of manufacturing the controlled substances are charged with a crime. Here’s what you should know about the crime of allowing someone to manufacture drugs on your property:

Who Can Be Charged With This Crime?

Landlords, property owners, and property managers can be charged with a crime for knowingly or intentionally allowing someone to manufacture controlled substances on their property. This means a landlord, property owner, or property manager can face criminal charges even if they played no role in the manufacturing process.

It is also a crime to knowingly or intentionally allow someone to use your property for the purpose of distributing or transporting controlled substances.

It’s important to note that the keywords in the legal definition of this crime are “knowingly” and “intentionally.” These individuals cannot be charged with a crime if they were unaware that someone was manufacturing drugs on their property. They also cannot be charged with this crime if they notified someone in law enforcement about the illegal activities on their property.

The Consequences For Allowing Someone to Manufacture Drugs

Drug crimes are often charged as felonies. Because the people who are charged with this crime are not necessarily involved in the manufacturing process, this crime is only a level 1 misdemeanor. Defendants who are charged with this crime will face a maximum of 18 months in jail and up to $5,000 in fines.

Common Defense Strategies

Most defendants who are charged with this crime argue that they had no idea that drugs were being manufactured on their property. Remember, the burden of proof falls on the prosecution. This means it is not your responsibility to prove that you didn’t know about the criminal activity, but rather it is the prosecution’s responsibility to prove that you did. It is not unreasonable to think that a landlord or property owner is not aware of what their tenants are doing on the property, so this is usually an effective defense strategy.

Have you been accused of committing a drug crime? If so, contact Reisch Law Firm as soon as possible. A drug crime conviction can drastically change your life, which is why we will work tirelessly to keep this crime off of your record. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Defenses Used in Drug Distribution Cases

Defenses Used in Drug Distribution Cases

Selling controlled substances such as prescription medications or recreational drugs is illegal in the state of Colorado. The state aggressively prosecutes this crime, and defendants who are convicted could face decades behind bars in addition to substantial fines. But fortunately, a criminal charge does not always lead to a conviction. An experienced criminal defense attorney may be able to fight the charges that have been filed against you. How? Here are some of the defenses used in drug distribution cases:

Illegal Search and Seizure of Evidence

One of the first things a criminal defense attorney will do is review the details of the defendant’s case to determine if law enforcement followed the proper protocol during the investigation. For example, in most cases, law enforcement officers need to either get consent or a search warrant before conducting a search and seizing evidence of a crime. If crucial evidence in your case was taken during an illegal search, an attorney may fight to have this evidence thrown out so it cannot be used against you.

Reduced Charges

People who are accused of distributing drugs can be charged with a level 1, 2, 3, or 4 drug felony depending on the severity of the crime. A level 1 drug felony carries the most serious penalties, whereas a level 4 drug felony carries the lightest. If a defendant has been charged with a level 1, the defense attorney may negotiate to have the charges reduced to a level 2, 3, or 4 felony as part of a plea deal. Even though the defendant will still face serious penalties, they won’t be nearly as bad as the penalties he would face for a level 1 drug felony.

The Defendant Did Not Knowingly Commit the Crime

The prosecution must be able to prove that the defendant knowingly distributed illegal drugs. This means it must be proven that the defendant knew the substance that was in his possession was a controlled substance. Although it’s rare, a defense attorney may be able to prove that the defendant had no idea the substance he was distributing was a controlled substance. If he did not knowingly do anything illegal, he should not be prosecuted for the crime.

Have you been accused of distributing illegal drugs? If so, contact Reisch Law Firm right away. Our criminal defense attorneys will review your case and develop a unique defense strategy that will be used to fight for your freedom. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

When Can You Be Charged With Drug Possession With the Intent to Sell?

When Can You Be Charged With Drug Possession With the Intent to Sell?

Everyone knows that it is a crime to be in the possession of cocaine, heroin, methamphetamine, and other controlled substances. But, many people are not aware that being in possession of controlled substances can often lead to more serious criminal charges of drug possession with the intent to sell.

Drug Possession vs. Drug Possession With the Intent to Sell

A person who is charged with drug possession is being accused of simply having controlled substances in his possession that he intended on using himself. However, if law enforcement believes that the drugs in the person’s possession were going to be sold to other people, they will charge the accused with possession with the intent to sell. Therefore, the difference between these two crimes boils down to who was planning on using the drugs.

When Can You Be Accused of Having the Intent to Sell?

Law enforcement officers cannot read your mind, so they will look for evidence that can be used to prove that you did not plan on keeping the drugs for yourself. One factor that will be taken into consideration is the amount of controlled substances in your possession. If you only had a small amount in your possession, law enforcement will assume that you intended on using the controlled substances. However, if you are found with a large amount of a controlled substance, officers may assume that the drugs were going to be sold.

The amount of controlled substances in your possession is not the only factor that will be considered. Law enforcement officers will also look for evidence that you were preparing to sell controlled substances, such as digital scales or small bags that can be used to package small amounts of drugs. People who sell controlled substances use scales and small bags to weigh and package the drugs for their customers, so this evidence could be used to prove your intent.

You can also be charged with possession with the intent to sell if emails, texts, or posts on social media indicate that you were advertising your services or arranging to meet with customers.

Being charged with any type of drug crime can be nerve-wracking, but try to remember that a criminal charge does not always lead to a conviction.

If you have been accused of drug possession with the intent to sell, contact Reisch Law Firm today. This is a serious crime, but it is not indefensible. Let our criminal defense attorneys look for weaknesses in the prosecution’s case so we can defend you against these charges. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Everything You Need to Know About Denver’s Drug Court

Everything You Need to Know About Denver’s Drug Court

Drug addiction is a disease that affects many people in the state of Colorado. People that are addicted to drugs often find themselves facing criminal charges for drug possession, driving under the influence, or drug distribution. The state often sentences these individuals to do time behind bars instead of getting them the help they need to overcome their addiction. But, that may change for some drug offenders thanks to Denver’s drug court.

What is Denver’s Drug Court?

The drug court is a specialized court that focuses on treating and rehabilitating drug offenders so they can improve the quality of their lives and avoid a life of crime.

Who is Eligible For Drug Court?

Being charged with a drug crime does not mean that you will automatically qualify for drug court. Defendants are only eligible if this is their first drug offense and they are being charged for possession of a small amount of drugs. However, the District Attorney’s office will have the final say as to who should be included. This means the DA has the right to exclude someone who meets these qualifications and include someone who doesn’t.

How Does Drug Court Work?

The defendant will be placed under supervision of the drug court after sentencing. Then, the defendant will be required to complete three separate phases of the drug program before he officially graduates. Each phase has a different set of rules that must be followed or the defendant will face penalties. For example, participants are expected to enroll in a treatment program and submit to 8-10 urine drug tests per month in phase one. There are many different treatment options to choose from, including group therapy sessions, inpatient and outpatient treatment, and support groups. In phase two, some of the rules include completing community service, submitting to fewer urine tests per month, and attending all hearings in court.

The duration of each phase depends on the participant’s progress. In order to move to the next phase, the participant has to meet certain requirements. Moving from phase two to three requires having 90 consecutive days of clean urine screens, for instance. After the three phases are complete, the participant graduates from the program and receives a certificate that recognizes this accomplishment.

If you have been charged with a drug crime, the criminal defense attorneys at Reisch Law Firm will help you understand all of your legal options. For some defendants, participating in this drug program is the best choice. If it’s right for you, we will work tirelessly to ensure you are chosen to enroll. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.