Even though Colorado was the first state to legalize marijuana for recreational use and other psychedelic drugs like psilocybin (mushrooms) and DMT have since become legal, there’s still a long list of drugs that are outlawed that can lead to Colorado drug possession charges.
Violating Colorado’s drug laws by being charged and convicted of drug possession can carry serious penalties, including prison time and fines ranging from $1,000 to $1 million. The good news is that a drug possession charge doesn’t necessarily have to result in a conviction.
This article explores three potential avenues that answer the question of how to get drug possession charges dropped.
How To Get Colorado Drug Possession Charges Dropped
Even if the evidence seems stacked against you, all hope is not lost. Depending on the circumstances of your case, a criminal defense lawyer can explore several legal theories that can result in drug possession charges being completely dropped.
1. Challenge the Legality of the Search and Seizure
The U.S. Constitution provides us with certain rights that cannot be violated, even (or especially) by law enforcement officers.
In terms of drug possession charges, the most notable protection is provided by the Fourth Amendment, which prohibits an unlawful search and seizure of any property by the government. Here, the government does indeed include the police.
This amendment protects you from an unreasonable search of your home or person in the event of an arrest, and it includes specific boundaries for stop-and-frisk procedures and search warrants.
There are two elements to unlawful search and seizure, and a violation of either can help you beat a drug possession charge:
- Seizure: Legally, a seizure means that an officer has stopped you, and you are not free to leave. It doesn’t necessarily equate to an arrest, and a traffic stop can be considered a seizure because you’re not “free” to drive away without permission.
Because a seizure interferes with your legal rights, an officer must have reasonable suspicion to stop or detain you. Absent evidence of this, making a charge “stick” can be problematic for law enforcement. - Search: For an officer to search your home, belongings, or person, they must have probable cause to believe you have committed a crime. Being able to demonstrate a lack of probable cause can harm the prosecution’s case.
If it can be shown that the police violated your Fourth Amendment constitutional rights, it can lead to having your charges dismissed.
2. Prove a Lack of Sufficient Evidence
To be convicted of any criminal charge, there must be evidence “beyond a reasonable doubt.” If the prosecution fails to meet this fairly difficult bar, you cannot be convicted of drug possession.
Your attorney will review the facts and evidence of the case to identify any holes or gaps in the evidence. For example, there could be a case of mistaken identity, the chain of custody of evidence is in dispute, or the credibility of a witness could be called into question.
3. Negotiate a Plea Bargain
In some cases, you may be guilty of drug possession, but you can avoid charges by negotiating with the prosecution. Your chances of a successful plea deal can be relatively decent if this is your first offense, there are mitigating circumstances, or the evidence against you is not a slam dunk.
Contact an Experienced Criminal Defense Lawyer
If you have been charged with illegal possession of a controlled substance, you need an experienced criminal defense lawyer. Call Grant & Associates Law Firm at 970-356-5666 or contact us online to discuss the details of your case.