How To Get a Drug Trafficking Charge Dismissed
Nov. 1, 2024
Being charged with drug trafficking is a serious matter that can turn your life upside down. The legal repercussions are severe, and the emotional toll can be overwhelming. If you're facing such charges in Colorado, you might feel like the odds are stacked against you. But don't lose hope—there are ways to turn the tide in your favor.
My name is Jennifer Watkins, and I bring over 20 years of experience in Colorado DUI law, making me a valuable resource for individuals facing drug trafficking charges. I'm dedicated to defending my clients' rights aggressively and ensuring they retain their driving privileges in legal matters related to DUI.
With my comprehensive approach to handling DUI, DWAI, and DUID cases, along with my certification in field sobriety testing, I'm well-equipped to guide clients through the complexities of their legal challenges.
This blog post will guide you through understanding drug trafficking charges, potential penalties, factors that can lead to dismissal, and how Watkins Law Firm LLC can help you achieve the best possible outcome.
Understanding Drug Trafficking Charges in Colorado
Drug trafficking in Colorado is a serious offense. Under Colorado law, drug trafficking involves the manufacture, distribution, sale, or possession of a controlled substance with the intent to distribute. The key factors of drug trafficking include:
Controlled substances: Includes drugs such as cocaine, heroin, methamphetamine, and prescription medications
Quantity: The amount of the controlled substance plays a significant role in defining the severity of the charge
Intent: Prosecution must prove the intent to distribute, which can be inferred from the quantity of drugs, packaging materials, large amounts of cash, etc.
Potential Penalties for Drug Trafficking in Colorado
In Colorado, drug trafficking is classified as a felony, which means a conviction can lead to severe penalties. These may include mandatory minimum sentences, extensive fines, and a permanent criminal record that can affect your future employment opportunities.
The penalties for drug trafficking in Colorado vary based on several factors such as the type and quantity of drugs, prior criminal history, and specific circumstances of the offense.
1. Classification of Controlled Substances
Schedule I: High potential for abuse with no accepted medical use (e.g., heroin, LSD)
Schedule II: High potential for abuse, with some accepted medical uses (e.g., cocaine, methamphetamine)
Schedule III-V: Lower potential for abuse with accepted medical uses (e.g., anabolic steroids, prescription medications)
2. Penalties Based on Drug Type and Quantity
Schedule I and II Substances:
Less than 14 grams: Class 3 felony, 4-12 years imprisonment, fines up to $750,000
14 grams or more but less than 28 grams: Class 2 felony, 8-32 years imprisonment, fines up to $1,000,000
28 grams or more: Class 1 felony, 16-48 years imprisonment, fines up to $1,000,000
Schedule III-V Substances:
Any amount: Generally treated less severely but can still result in significant prison time and fines based on quantity and intent
3. Aggravating Factors
Prior convictions: Multiple previous convictions can lead to enhanced penalties
Involvement of minors: Trafficking involving minors often results in increased penalties
Proximity to schools: Offenses occurring near schools or other sensitive areas can lead to harsher punishments
Factors That Can Lead to Dismissal
When facing drug trafficking charges, there are specific factors and legal strategies that may contribute to the dismissal of your case. Understanding these elements can help you build a strong defense and potentially alleviate the severe consequences associated with such charges.
Evidence Matters
One of the most critical aspects of defending against a drug trafficking charge is the evidence. The prosecution must prove beyond a reasonable doubt that you were involved in trafficking. If the evidence is weak or improperly obtained, it may be possible to get the charges dismissed.
Search and Seizure Laws
Police must follow strict protocols when conducting searches and seizures. Any violation of these laws can result in the evidence being deemed inadmissible in court. This means that if your rights were violated during the search, the charges against you could be dismissed.
Police Conduct
The behavior of law enforcement officers during your arrest and investigation can also impact your case. Any misconduct, such as entrapment or coercion, could be grounds for dismissal. Documenting any inappropriate conduct by the police can help support your defense.
Immediate Actions If Charged with Drug Trafficking
If you’re charged with drug trafficking in Colorado, here are the steps to take immediately:
Seek legal counsel:
Contact a drug trafficking defense attorney without delay.
Avoid discussing your case with anyone except your lawyer.
Understand your rights:
Exercise your right to remain silent.
Do not consent to searches without a warrant.
Document everything:
Keep records of all interactions with law enforcement.
Collect any evidence that could support your innocence.
Building a Strong Defense Against Drug Trafficking Charges
Building a robust defense requires careful examination of all aspects of the case. Some potential defenses include:
Search and seizure issues:
Challenge the legality of the search that led to the discovery of drugs.
Evidence obtained through unlawful search and seizure can be suppressed.
Entrapment defense: Argue entrapment if law enforcement induced you to commit the crime that you would otherwise not have committed.
Lack of intent: Demonstrate that there was no intent to distribute the drugs.
Mistaken identity: Show evidence that you were not involved in the crime.
Witness testimony: Cross-examine prosecution witnesses to uncover inconsistencies or biases.
Plea bargaining: Negotiate with prosecutors to reduce charges or penalties.
As an experienced attorney, I’m dedicated to meticulously analyzing every detail of your case to build a robust defense against your drug trafficking charges. I will explore all possible legal defenses, including challenging unlawful searches and demonstrating a lack of intent to distribute, protecting your rights throughout the process.
Judicial Process and Considerations
Understanding the judicial process can you help you better prepare for court proceedings:
Arraignment: The initial court appearance where charges are formally presented.
Pre-trial motions: Legal arguments made before the trial, such as motions to suppress evidence.
Trial: Presentation of evidence and arguments by both prosecution and defense.
Sentencing: If convicted, the judge determines the penalty based on statutory guidelines.
A skilled defense attorney can provide invaluable support when facing drug trafficking charges by navigating the legal system and developing tailored defense strategies. They can assess the evidence against you, identify any procedural errors that may lead to dismissal, and advocate for your rights throughout the judicial process. A defense attorney can also negotiate plea bargains that may reduce charges or minimize penalties, ultimately working towards the best possible outcome for your case.
Other Factors Influencing Verdicts
Credibility of evidence: Strength and reliability of the presented evidence
Defendant’s background: Prior criminal history and character
Severity of crime: Amount and type of controlled substance involved
By following these guidelines, you can fight drug trafficking charges in Colorado and work towards getting the charges dismissed. A knowledgeable and experienced defense attorney will be your most valuable asset throughout this process.
The Role of Watkins Law Firm LLC
Facing drug trafficking charges can feel isolating, but you don't have to go through it alone. At Watkins Law Firm LLC, I offer a personalized legal experience tailored to your unique circumstances. My aim is to provide you with the best possible defense strategy to help you achieve a favorable outcome.
Based in Boulder, Colorado, I have an extensive understanding of Colorado's legal aspects. My goal is to help you receive fair treatment throughout the legal process.
From the moment you contact me, I take a comprehensive approach to your case. This includes reviewing all the evidence, identifying any procedural errors, and exploring all possible defenses. My commitment is to stand by you every step of the way, providing guidance and support.
Drug Trafficking Defense Attorney in Boulder, Colorado
Facing drug trafficking charges can be life-altering, but it's important to remember that you have options. Understanding the legal implications, knowing what factors can lead to dismissal, and seeking the right legal counsel can make all the difference.
At Watkins Law Firm LLC, I’m committed to providing you with a personalized, comprehensive defense strategy to help you achieve the best possible outcome. Don't face this battle alone—contact me today to schedule a consultation and take the first step toward reclaiming your life.
Located in Boulder, Colorado, my firm serves clients throughout Longmont, Louisville, Lafayette, and Broomfield.