Fort Collins Drug Crime Attorney

Legal Defense for Drug Crime Charges in Colorado

Although Colorado made headlines by becoming one of the first states to decriminalize the use of recreational marijuana, our state continues to have strict drug laws, particularly for selling, distributing, and trafficking drugs.

At Rachel A. Michael, LLC, we have extensive experience in defending clients facing drug crime accusations. We focus on the facts of your case and tailor our approach based on your unique needs, remaining accessible and responsive at all times. Our affordable rates give you peace of mind as we tackle your legal challenges together.

We Fight Common Drug Crime Accusations

An effective defense strategy will be specific to the drug type, amount, and circumstances surrounding the charges. Here's a general overview of what we'll consider when building a defense for your case.

• Marijuana: In many cases, our defense will consider compliance with Colorado's marijuana laws. According to Colorado's Amendment 64, the possession of limited amounts of marijuana for recreational use is  legal for residents who are 21 years or older. As such, we may be able to argue that the amount in possession falls within the legal limit or that the substance was intended for legal personal use rather than distribution. If the charges stem from evidence collected through an unlawful search, we may be able to move to suppress evidence under the exclusionary rule.
• Cocaine: We may be able to challenge the validity of the search and seizure process or raise doubts about the defendant's knowledge of the cocaine in their presence. In certain cases, we may be able to argue that the substance didn't belong to the accused or that law enforcement engaged in entrapment during the investigation.
• Heroin: Since heroin charges often carry severe penalties, we focus on mitigating strategies such as arguing for rehabilitation programs instead of incarceration. We'll also investigate procedural methods to determine if the arrest and/or collection of evidence adhered to constitutional rights.
• Crystal Meth: Defense strategies for crystal meth charges might include questioning whether there was probable cause for the search or arrest. We may be able to argue against claims of intent to distribute by emphasizing insufficient quantities or lack of distribution-related evidence, such as scales or packaging.
• Prescription Drugs: Defense in prescription drug cases often revolves around demonstrating lawful possession or lack of intent to use the drugs illegally. Attorneys may argue that the prescription belonged to the defendant or challenge the evidence if the drugs were found during an unconstitutional search.

Possible Defense Strategies

By highlighting inconsistencies, procedural errors, or gaps in the prosecution’s case, we aim to mount a strong defense to protect your rights.

• Violation of Fourth Amendment Rights
  This defense focuses on improper actions by law enforcement, such as conducting a search without a valid warrant, consent, or sufficient probable cause. If it is proven that your rights were violated, any evidence gathered from the illegal search could be excluded from the case.
• No Actual Possession or Control
  Presence near drugs does not equate to possession. Prosecutors must prove you knowingly had control or ownership of the drugs. For example, if you share a living space with one ore m ore people, establishing clear ownership of the drug in your possession can be difficult, which can work in your favor.
• Induced by Law Enforcement (Entrapment)
  If you were coerced or pressured by law enforcement to commit a drug-related offense you otherwise would not have participated in, this could serve as a defense against the charges.
• Evidence Mismanagement (Missing Drugs)
  When the prosecution cannot physically present the drugs in question during trial because they have been misplaced, this weakens their case. Without the primary evidence, charges may be dismissed.
• Challenging Lab Tests
  A controlled substance must be confirmed through official lab testing to be classified as an illegal drug. If lab results are inconclusive or if the suspected substance was never tested, this can cast doubt on the charge.
• Planted Evidence
  While hard to substantiate, proving or alleging that drugs were planted by law enforcement opens the possibility of dismissal. Supporting evidence, such as inconsistencies in police reports or video evidence, strengthens this claim.
• Insufficient Evidence
  To secure a conviction, prosecutors must prove every element of the alleged crime beyond a reasonable doubt. If evidence against you is weak or incomplete, your defense attorney can use this to negotiate reduced charges or a case dismissal.

Potential Consequences of a Conviction

Federal law divides drugs into different categories or schedules, and Colorado's system of drug classification is based on those federal schedules. In general, producing or selling drugs carries much harsher penalties than simple possession, and possession of smaller amounts of drugs may only be charged as a petty offense. However, possession of larger amounts of drugs can be charged as a felony, and if the amount is enough to indicate that distribution may be taking place, the defendant could be charged with possession with the intent to distribute - a very serious drug crime.

Experienced Fort Collins Drug Crime Defense Team

If you have been arrested or accused of a drug-related offense, turn to Rachel A. Michael, LLC for trusted defense. We can explore your legal options and help you develop an effective, aggressive strategy.

Need Legal Help? Contact Our Fort Collins drug crime defense lawyers at (970) 616-6668 or request a consultation through our online form.