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Breckenridge Drug Crime Defense Attorneys

Why You Need a Breckenridge Drug Crime Lawyer

Conviction of a drug crime can have serious consequences. You deserve the best possible defense to help protect your freedom and your future. Colorado drug laws are complicated. Our experienced Breckenridge criminal defense attorneys at Whitaker & Penix, LLC can guide you through the criminal justice system, defend your rights, and fight for the best possible outcome in your case. We are trial lawyers with years of experience on both sides of the courtroom in all types of serious criminal cases. Call us at (970) 368-0602 if you are facing cocaine, fentanyl, or other drug charges. We can discuss a strategy for your case.

Experienced Defense for the Best Possible Outcome After a Drug-Related Arrest

Possession of up to one ounce of marijuana in limited circumstances is legal in Colorado for people aged 21 and older, provided you are not on federal land. It is still a crime to possess any quantity of a controlled substance, as classified in the five schedules under the federal Controlled Substances Act. Colorado House Bill 19-1263, signed into law in 2020, made it a misdemeanor instead of a felony to possess less than four grams of Schedule I and II drugs, such as LSD, peyote, psilocybin, heroin, and morphine. Misdemeanor charges should still be taken seriously, as conviction could mean jail time, probation, fines, license suspension, and a criminal record that could affect your future employment, housing, and loan opportunities.

What Are the Common Penalties for Possession and Distribution?

Penalties for possession or distribution of drugs in Colorado will depend on the amount and type of drug as well as the offense. Drug crimes are charged in one of three different categories:

  • Petty offense: This is the charge you will likely be facing as an adult if you were caught smoking marijuana in public. The penalty for a petty offense is a fine.
  • Misdemeanor: If you are 21 or older and charged with distribution of a controlled substance, you are facing misdemeanor charges with penalties of up to 18 months in jail and/or a fine of up to $5,000. Drug misdemeanors are subdivided into two levels. Level 2 charges are less serious than Level 1 charges. Penalties for Level 2 misdemeanors may include up to 12 months in jail and a fine of $50 to $750.
  • Felony: The most serious drug offenses are charged as felonies and carry heavy penalties. For example, upon conviction of distribution to a minor, you could be facing a mandatory minimum prison sentence of eight to 32 years and a fine of up to $1 million. Felonies are subdivided into four levels, with Level 1 being the most serious.

What Are the Diversion Programs in Summit County?

Summit County has diversion programs for both juveniles and adults. These programs redirect low-level drug offenders away from the criminal justice system and into community-based services, such as substance abuse treatment. Offenders accepted into the adult diversion program agree to be monitored by a coordinator, which may involve participation in substance abuse or mental health treatment. Programs may include yoga, equine therapy, meditation, wellness workshops, or formal education for GED completion. Successful participants complete the program with a clean criminal record.

What Are the Common Defenses Against Drug Charges?

Defenses against your charges will depend on the circumstances of your case. Common defenses against Summit County drug crime charges include the following:

  • You did not know the drugs were there.
  • You had a lawful prescription for the drug.
  • Police entrapped you.
  • The drugs belonged to someone else.
  • Police searched for the drugs illegally.
  • Police failed to inform you of your rights.
  • Police continued the interrogation when you requested a lawyer.
  • Police planted evidence or coerced a confession.

After a drug-related arrest, contact a Breckenridge drug crime defense attorney at Whitaker & Penix, LLC at (970) 368-0602.

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