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.
