Get a Strong Drug Crime Defense You Can Count On
Drug crimes are unfortunately quite common. They can carry stiff penalties in Colorado, including prison time, heavy fines, and life-long consequences. The drug crime conviction process is a minefield an experienced attorney can help you navigate. If you have been charged with a drug crime, an attorney can help you before a bad situation gets worse.
Drug Addictions Can Fuel Drug Crimes
Drug crimes are often the result of serious drug addictions or dependencies. Quite often addictions and dependencies deprive people of their normal ability to stay out of trouble and to avoid the types of legal troubles associated with drug abuse. Addictions and dependencies are often the result of smaller bad decisions that have snowballed into life-changing decisions, which may make you feel like you have lost some control over your life. Oftentimes the person who is addicted or dependent on a drug does not know what to do to turn their life around, or if they even have the power to turn it around.
Drug Crime Charges
Common drug charges include possession, trafficking, sales, prescription fraud, and drug cultivation. In Colorado, drug charges are classified as either misdemeanors or felonies. While felonies are obviously more serious, misdemeanor charges can still result in prison time, expensive fines, and damages to your reputation. The seriousness of the charge will depend on the type of drug involved, your criminal record, the location where the crime occurred, whether minors or guns were involved, and other factors. An experienced drug crime attorney can help you understand the charges against you, identify the proper defenses, and craft a defense that fits your unique situation.
Colorado Statutory Law
Colorado statutory law breaks drug-related offenses down in to two categories: Drug Misdemeanors (DM) and Drug Felonies (DF). Each category is further divided into “levels”: Drug Misdemeanors have to levels, DM1 and DM2, and Drug Felonies have four levels, DF1, DF2, DF3, and DF4.
These categories and levels are important because they dictate minimum and maximum penalties or sentences that the judges apply depending on the facts of your case. For example, a person convicted of a DF2 faces 4 to 8 years of imprisonment, a fine of $3,000.00 to $750,000.00, or both, plus two years mandatory parole.
In addition to these categories and levels, a judge can “aggravate” your sentence depending on certain factual considerations that may be unique to your situation. Furthermore, “enhanced” penalties can apply for charges such as sale of drugs to minors.
The following table summarizes the penalties for the various categories and levels:
|DM1||Minimum: 6 months imprisonment, $500 fine, or both|
|Maximum: 18 months imprisonment, $5,000 fine, or both|
|DM2||Minimum: $50 fine|
|Maximum: 12 months imprisonment, $5,000 fine, or both|
|DF1||Presumptive: 8 to 32 years imprisonment, $5,000 to $1 million fine, or both|
|Mandatory Parole: 3 years|
|DF2||Presumptive: 4 to 8 years imprisonment, $3,000 to $750,000 fine, or both|
|Aggravated: 8 to 16 years imprisonment, $3,000 to $750,000 fine, or both|
|Mandatory Parole: 2 years|
|DF3||Presumptive: 2 to 4 years imprisonment, $2000 to $500,000 fine, or both|
|Aggravated: 4 to 6 years imprisonment, $2,000 to $500,000 fine, or both|
|Mandatory Parole: 1 year|
|DF4||Presumptive: 6 months to 1 year imprisonment, $1,000 to $100,000 fine, or both|
|Aggravated: 1 to 2 years imprisonment, $1,000 to $100,000 fine, or both|
|Mandatory Parole: 1 year|
Recreational and Medicinal Marijuana
Marijuana growth, possession, sale, and use are hot topics in Colorado. Even though marijuana use has been “legalized” in Colorado, there are still important laws in place restricting what the average person can do with regard to growing, possessing, selling, and using marijuana. Because it is a relatively new area, many police and law enforcement may not apply the law properly in your case. An experienced drug crime attorney can help by advising you of your rights under the law, pointing out where the State did not properly apply the law, and vigorously defend you in court.
Your Constitutional Rights
Everyone who is charged with drug crimes has certain constitutional rights, regardless of whether or not he or she is actually guilty of a drug crime. Certain violations, such as illegal searches and forced confessions, may be enough to defeat that State’s case against you. An experienced drug crime attorney can help you by identifying any instances in which your constitutional rights were violated.
If you decide to hire James Newby, you will have a personal, face-to-face meeting with an experienced drug crimes defense attorney. James will discuss with you the charges against you and your possible defenses, and he will walk you through the criminal prosecution process so you know what to expect. He will outline the possible prison time and fines that could apply if you are convicted. He will discuss important dates and deadlines and advise you of your rights. And, of course, James W. Newby LLC will vigorously defend you against the State’s charges to get you the best outcome possible.
Call James Newby Law for a free evaluation of your case. His experience handling all levels of domestic violence charges will be invaluable to you as you go through the legal system