Denver Drug Charges Defense Attorneys
If you are facing misdemeanor or felony drug charges relating to the possession, sale or trafficking of drugs, you will need aggressive representation. These charges can carry heavy fines and jail time, so you absolutely cannot risk working with a lawyer without the appropriate level of professional experience.
Gerash Steiner Blanton, P.C., is a Colorado law firm that practices criminal defense. Our drug crimes defense lawyer has worked as a Colorado public defender and has more than 20 years of legal experience. Attorney Daniel Gerash is a powerful ally for our clients and a formidable adversary for prosecutors and police. Our firm has had successly represented numerous clients over the years in medical malpractice, DUI penalties, and sex crimes cases.
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Drug Crimes: Types and Penalties
The three main types of drug offenses fall into three categories: possession, use, and distribution. Colorado also distinguishes among different types of drugs according to the threat level each type of drug represents. If you face charges for a Colorado drug crime, you need a criminal charges defense legal practitioner. Our drug offense attorneys enjoy decades of combined experience representing defendants charged with drug offenses.
Colorado treats Schedule I drugs as the most dangerous, while it treats Schedule V drugs as the least dangerous. Following are some examples of the types of drugs that appear on each schedule:
- Schedule I: Heroin, cocaine, and LSD;
- Schedule II: Opium and methamphetamine;
- Schedule III: Ketamine, hydrocodone, and anabolic steroids;
- Schedule IV: Lorazepam; and
- Schedule V: Buprenorphine.
Some of the scheduled drugs, such as anabolic steroids, are not intoxicants.
Drug penalties vary widely according to the amount, the schedule to which the drug belongs, and whether the charge is for possession, use, or distribution. Following are some examples of applicable drug penalties for various Schedule I or II infractions:
- Possession of fewer than four grams of a Schedule I or II drug: This is a level 1 drug misdemeanor punishable by up to 18 months in jail and a fine of up to $5,000. In practice, defendants often avoid jail altogether for these charges.
- Selling up to 14 grams of a Schedule I or Schedule II drug: This is a class 3 drug felony punishable by two to four years in prison and a fine of $2,000 to $500,000.
- Selling Schedule I or II drugs to a minor: If you are at least two years older than the minor, this is a class 1 drug felony punishable by 8 to 32 years in prison and a fine of $5,000 to $1,000,000.
Under the right circumstances, our Denver drug offense lawyers can reduce your sentence beyond the above-listed minimums through plea bargaining.
Do Not Wait: Delay Plays Into the Prosecution’s Hands
The earlier you involve a defense lawyer in your case, the greater the impact that we can have in getting the drug charges reduced or dropped, getting fines reduced, pleading your case and getting an alternative sentence. Attorney Daniel Gerash has been trained to pick out instances where evidence has been illegally obtained.
Examples of such situations include those where:
- Entrapment occurred.
- The initial stop by law enforcement was conducted illegally.
- The subsequent search of the drugs or paraphernalia was conducted illegally.
- Statements obtained by law enforcement were in violation of your Miranda rights.
- There were legal defects in the warrant used to search your home, apartment or car.
No matter how complex or incriminating your case may seem, you must speak with a legal professional. You will never know which legal options may be available for your specific case. Speak with our team today. We’re here to make certain your story is heard.
Defense from Possession to Trafficking
We represent people facing minor drug charges or federal drug trafficking and conspiracy charges. We represent many college students, vacationers, and business professionals in cases involving marijuana possession, cocaine, meth charges, prescription drugs, designer drugs, or any other type of controlled substance.
The point is, whatever you are charged with or whoever you are, we want to discuss your case with you. It cannot be overstated how much having an attorney can alter the outcome in your favor. Gerash Steiner Blanton, P.C., can fight the charges you are facing.
Remember, ignorance is not an excuse for breaking the law. Understanding the new Colorado laws governing medical marijuana can help keep you out of jail. No matter what walk of life you are from, we are here to help you understand your rights and options.
Frequently Asked Questions (FAQs)
Marijuana is legal in Colorado, isn’t it? Can the police arrest me for possession of marijuana?
Yes, marijuana is legal in Colorado, but you can still be arrested for marijuana offenses under certain circumstances. The police can still arrest you if you are under 21 and possess marijuana, for example, or if you violate certain statutes prohibiting the distribution of marijuana or the transfer of marijuana to minors. Our defense lawyers can help you fight for a dismissal, an acquittal or a favorable plea bargain.
Can I be charged with a state and a federal offense for the same drug crime?
Yes, you can. Double jeopardy bars the government from prosecuting you twice for the same crime—but it’s a bit more complex than that. It is true that the State of Colorado cannot charge you twice for the same crime. But the concept of dual sovereignty states that if the crime violates both state and federal laws, then both the state and federal governments are allowed to prosecute you separately. Contact our defense attorneys for more information about your constitutional rights.
Can Colorado charge me with a felony for possession of a large amount of marijuana (a marijuana farm on my property, for example)?
No, not anymore. Colorado enacted a new law in early 2020 that eliminates felony status for the possession of any amount of marijuana. The drug charge lawyers at Gerash, Steiner & Blanton will work relentlessly to make sure you receive the benefit of any recent changes in Colorado drug laws.
Can I walk free if the police fail to “read me my rights”?
Probably not. If the police fail to read you your Miranda rights, they cannot use anything you say against you. If the prosecution still has significant evidence against you without having to use your statements against you, then the prosecution will likely proceed.
Being caught up in such a serious and scary situation was unbelievably stressful on many levels, but Dan and his staff were always available, helpful, supportive and professional in handling all aspects of my case. I had total faith and confidence that I had the best representation available and that eventually our steadfast resolve, as a united team would result in a positive outcome. Dan’s hard work and determination to leave no stone unturned finally resulted in a total dismissal of all charges by the District Attorney.Former Client
Is it possible for to have my drug charges expunged from my record in Colorado?
It may be possible to get your drug charges expunged from your record in Colorado, but it all depends on the particulars of your situation. In Colorado, specific drug offenses might be eligible for expungement, which could be granted if you meet certain qualifications, like finishing a diversion program or successfully completing probation. Or if the charge was dismissed or acquitted. That said, it’s important to speak with a drug charges defense attorney in Denver to analyze your case and see if you qualify for expungement.
Can I be charged with a drug offense if I didn’t have drugs on me?
You do not physically have to be in possession of any drugs to be charged with a drug offense. It is possible to be charged if the police finds evidence that you were involved in drug-related activities or if drugs are found in your vicinity.
Contact Our Denver Drug Charges Defense Attorneys Today
Are you ready to move forward with your life? Do you wish to protect your freedoms with an aggressive, relentless, and zealous defense lawyer? If so, choose Gerash Steiner Blanton, P.C. Remember, once you have been arrested, you are on the clock. Act decisively to protect your rights.
Our experienced legal team also handles other types of criminal defense cases, including:
- Domestic Violence
- DUI / DUID
- Felony Crimes
- Juvenile Crimes
- Sex Crimes
- Theft Crimes
- Violent Crimes
- White Collar Crimes
For your free case consultation, please contact Gerash Steiner & Blanton, P.C. today or give us a call now!