Denver Drug Charges Lawyer Will I go to Jail

Drug Charges & Jail Time

Marijuana

Under certain circumstances:

  •  Possession: 18 months to 3 years in jail.
  •  Bulk Possession/Distribution: Up to 4 years in prison

Cocaine

  • Simple possession: Up to 18 months in jail.
  • Bulk weight/distribution: 5 years to life in prison.

Heroin

  • Simple possession: Up to 18 months in jail.
  • Bulk weight/distribution: 5 years to life in prison.

Meth

  • Possession: Up to 6 years in prison.
  • Bulk weight/distribution: 5 years to life in prison.

Sources: Colorado law; federal sentencing guidelines

Hiring an experienced attorney is critical to protecting your rights when facing
a Colorado drug charge. A drug conviction often leads to jail time, probation, mandatory
treatment, job loss and a permanent criminal record.

Many changes to Colorado drug laws have occurred over the last several years. Some
types of marijuana possession have been decriminalized and possession of small amounts
of harder drugs, including heroin and cocaine, has been reduced from a felony to
a misdemeanor. Unfortunately, the legal changes tend to confuse some of those who
are facing drug charges in the Denver area. The fact is, defendants facing drug
charges face a serious risk of spending time in jail.

The Denver defense attorneys at Rosenthal & Heymann understand the anger,
embarrassment and confusion clients face in the wake of a drug charge. And we know
you are concerned about job loss, the possibility of jail time, and the expense
of defending yourself – to say nothing of the financial demands of paying fines,
court costs and costs associated with mandated treatment programs and court supervision.

We believe anyone facing drug charges in Colorado deserves immediate access to experienced,
high-quality legal representation. That’s why our firm offers a free and confidential
consultation to anyone facing drug charges in the Denver area, including Aurora,
Englewood, Lakewood and Boulder.

Whether you are forced to spend time in jail can depend on a number of factors,
including the type and amount of drug involved, whether authorities allege that
you intended to sell or distribute the drug, and whether you have been convicted
of drug violations in the past.

A Denver defense lawyer experienced in handling Colorado drug cases will
take a number of steps to reduce the risks you will face in the event of a conviction:

  • Challenging Weight: The penalty for many drug charges is based upon the amount
    of the drug in your possession. If your attorney is successful in arguing a case
    for reducing the amount of drugs involved, you may face less serious consequences
    if convicted.
  • Challenging Possession: When authorities find illegal narcotics, they are
    going to charge someone. Frequently, when the drugs are not found in someone’s possession,
    the homeowner, tenant or owner or driver of a vehicle is charged. If your attorney
    is successful in arguing that you were not in possession of the drugs, a dismissal
    of the charges could result.
  • Challenging Intent: Too often, authorities will overcharge a suspect because
    a charge of distribution or sale carries a stiffer penalty than a drug possession
    charge. Sometimes this can be based on the amount of drugs. Other times the presence
    of drug paraphernalia, such as scales or baggies, can result in more serious charges.
    When an attorney is able to reduce an allegation of drug distribution or sale to
    a charge of possession, the chances of spending time in jail are also significantly
    reduced.
  • Challenges of search and seizure: The Fourth Amendment to the U.S. Constitution
    guarantees each of us the right to be free from unlawful search and seizure. When
    police operate outside legal boundaries, an experienced attorney can argue against
    the admissibility of seized evidence and a dismissal of the case may result. In
    cases where police seized evidence from a home or car, or even from your person,
    without the required legal basis for conducting a search, a judge may dismiss the
    charges or the state’s attorneys may be forced to significantly reduce or dismiss
    the charges against you.
  • Entrapment and Other Challenges: Decades of case law provide a solid foundation
    upon which authorities must build a case against you. The issues are too complex
    to discuss here (that’s why you need a lawyer, after all). But, when law enforcement
    acts inappropriately in conducting an investigation, seizing evidence or building
    a case, a reduction or dismissal of the charges can be sought by an experienced
    attorney.
  • Plea Agreements: An experienced attorney will understand your case very quickly
    and will have a pretty good idea of the challenges you face and the potential penalties
    involved. At Rosenthal & Heymann, we have built a reputation as a law firm that
    moves aggressively to protect the rights of our clients. The state has more than
    17,000 drug cases to prosecute each year. Many times, we are able to secure an offer
    that is in the best interest of our clients and will allow you to put the incident
    being you in as painless a manner as possible.
  • Trial: We believe in building each case for trial from the moment we accept
    the responsibility of representing a client. By being ready for the courtroom, we
    are able to negotiate with the state’s attorneys from a position of strength. And
    we are able to proceed to trial without scrambling to put together a case for our
    clients at the Eleventh Hour.
  • Alternative Sentencing: Our attorneys understand that drug charges are frequently
    the result of a client simply making a mistake. Sometimes addiction is involved
    and should be treated as a medical condition and not a criminal offense. In these
    cases, we are sometimes able to assist an applicant in successfully enrolling in
    drug court or completing other alternative sentencing arrangements that reduce or
    eliminate the threat of jail time.

If you are facing charges for a drug violation in the Denver area, including drug
possession, possession with intent to deliver, drug sales, drug trafficking or drug
manufacturing or cultivation, contact the Denver criminal defense lawyers
at Rosenthal & Heymann today for a free and confidential appointment to discuss
your rights.

Rosenthal & Heymann – Call 303-825-2223 – Free Consultation