Breckenridge Drug Possession Charge Lawyer
Are You in Need of a Breckenridge Drug Possession Charge Attorney?
If you're facing drug possession charges in Colorado, it could lead to serious jail time! Don't say anything to the police, and make sure to contact the Breckenridge drug crime defense lawyers at Whitaker & Penix, LLC, as soon as possible for a strong legal defense.
Why Choose Us Over Other Drug Charges Charge Lawyers in Breckenridge?
Kylie Whitaker and Ehren Penix have years of experience working in local Breckenridge courts. We'll find the best strategy to get the charges against you reduced or dismissed.
Whitaker & Penix, LLC | Drug Possession Charge Law Firm In Breckenridge
- We take calls 24/7.
- We have in-depth knowledge of local courts.
- Super Lawyers recognizes Kylie Whitaker as a Rising Star.
- Ehren Penix has years of experience as a prosecutor and in private practice.
- Kylie Whitaker is a former prosecutor and assistant DA in Breckenridge courts.
- Our law firm has an A+ rating from the Better Business Bureau.
We're Here to Help. Give Us a Call to Learn More Today! (970) 368-0602
What to Do After a Drug Possession Charge Arrest
There are some basic steps you can follow to secure your rights.
Exercise Your Right to Remain Silent: Don't Speak Without a Lawyer Present
After being arrested, anything you say can be used against you in court. Many people feel compelled to explain or defend themselves during an arrest, but this can lead to needless self-incrimination—staying silent protects you from making statements that could harm your case. Remember that you are not obligated to answer questions without a lawyer present. Ask to meet with an attorney right away.
Avoid Talking About Your Case in Jail
After an arrest, don't discuss your case with anyone but your lawyer. Conversations with friends, family members, or fellow inmates can lead to information being shared with law enforcement or the prosecution, and jailhouse conversations are often recorded.
Contact Whitaker & Penix, LLC, for Help
An experienced attorney will provide immediate guidance on your rights and begin crafting a powerful defense strategy to protect your freedom.
The Process When Facing a Drug Possession Charge in Breckenridge
Investigation of Criminal Activity
During the investigation, police interview witnesses and collect physical evidence, looking for suspects who may have committed a crime.
What Is Probable Cause?
Police must establish probable cause before an arrest is made. This means they must have a solid reason to justify their actions beyond mere suspicion that they were involved in a crime.
Arrest
An arrest is made when a suspect is taken into physical custody by law enforcement officers.
Arraignment
The arraignment is your first court appearance. The charges are formally read, and you are asked to enter a plea—guilty, not guilty, or no contest. At this point, a Breckenridge drug possession defense lawyer can advise you on how to plead and begin formulating a defense strategy.
Bail
After an arrest for drug possession charges, the bail hearing determines the amount of bail that must be posted if the accused is allowed to be released from custody before trial.
Preliminary Hearing
During the preliminary hearing, the prosecution must demonstrate that there's enough evidence to proceed to trial. This is an opportunity for your defense attorney to challenge the evidence and argue for the dismissal of the charges.
Trial
The trial is where both sides present their arguments in front of a judge or jury. Your Breckenridge drug possession defense attorney will present evidence, call witnesses, and cross-examine the prosecution's witnesses to establish reasonable doubt about your guilt.
Sentencing
After a conviction in a drug possession case, the sentencing phase determines the drug possession penalties that the defendant will face. The judge will consider factors such as the severity of the offense, the defendant's criminal history, and other circumstances.
Appeals
The appeals process involves a higher court reviewing the trial's proceedings to identify any legal errors that could have affected the verdict.
Do Not Wait Until an Arrest to Seek Legal Counsel
Finding the right lawyer is essential for protecting your freedom, but early involvement of an attorney also increases the chances of gathering favorable eviden ce and identifying any procedural errors that might benefit your case.Call (970) 368-0602 for a Free Consultation with Whitaker & Penix, LLC
Possible Defenses Against a Drug Possession Charge
The Fourth Amendment of the U.S. Constitution protects you from unreasonable searches and seizures, meaning law enforcement must have a valid warrant or probable cause to search your property. If your attorney can demonstrate that the police conducted an unlawful search, any evidence obtained may be inadmissible in court. This can significantly weaken the prosecution's case against you.
Another powerful defense in drug possession cases is demonstrating a lack of possession. Still, your lawyer can argue that you were unaware of the drugs' presence or that they belonged to someone else. For example, if drugs were found in a car that you were merely a passenger in, your attorney might assert that you had no knowledge or control over the substances.
Entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise committed. In drug possession cases, if an officer or informant coerced you into possessing drugs, this could serve as a valid defense. Your lawyer would need to demonstrate that the police's actions were so overbearing that you had no predisposition to commit the crime.
Allegations of police misconduct can also be leveraged in your defense. Misconduct might involve tampering with evidence, providing false testimony, or violating your rights during the arrest process. If your attorney can prove entrapment or misconduct, it may lead to the charges being dropped or reduced.
How a Breckenridge Drug Possession Charges Lawyer Can Help
Legal Representation and Advocacy
A Breckenridge drug possession defense attorney plays a crucial role in analyzing your case and developing a strategic defense. The process begins with a thorough examination of all evidence, police reports, and witness statements.
Case Analysis and Strategy
By analyzing the strengths and weaknesses of the prosecution's case, your lawyer can craft a tailored defense strategy aimed at achieving the best possible outcome. Whitaker & Penix, LLC, will scrutinize the validity of the charges against you and any procedural errors that might have occurred during your arrest.
Legal Guidance and Support
Using a well-prepared strategy, Whitaker & Penix, LLC, will advocate for your rights and work to reduce the potential consequences of your charges, whether in court or through negotiations with the prosecution.
Plea Bargaining
Plea bargaining involves negotiating with the prosecution to reach a mutually agreeable resolution, potentially reducing charges or securing lesser penalties. Whitaker & Penix, LLC, understands the nuances of plea negotiations, and we can leverage strengths in your case to advocate for a favorable deal. This might include reducing a drug possession felony charge to a misdemeanor or negotiating for probation instead of jail time.
Constitutional Rights Protection
A fundamental role of a drug crimes defense attorney is to ensure your constitutional rights are upheld throughout the legal process. Whitaker & Penix, LLC, will review the circumstances of your arrest to identify any violations of these rights. We will also ensure that your right to due process is respected by advocating for a fair and unbiased trial.
What Are the Penalties for Drug Possession in Breckenridge, CO?
In Colorado, the penalties for drug possession can range from fines and probation to lengthy prison sentences. Drug possession laws classify controlled substances into different schedules based on their potential for abuse and medical use. Schedule 1 drugs such as heroin, ecstasy, and methamphetamine generally carry higher penalties.
Colorado drug possession laws differentiate between simple possession and possession with intent to distribute, which carries much harsher penalties. Factors like the quantity of the drug and prior offenses also play a significant role in determining penalties for drug possession.
Life Consequences for a Drug Possession Conviction
In addition to severe legal penalties, a criminal conviction for drug possession in Breckenridge can also wreak havoc on your personal and professional life. These consequences may include:
- Job loss
- Revocation of a professional license
- Loss of gun rights
- Jeopardizing your immigration status
- Loss of child custody or visitation rights
How are Drug Possession Crimes Categorized in Colorado?
Misdemeanors
Drug possession charges can be classified as either a felony or a misdemeanor, depending on the drug type and quantity, as well as the defendant's prior offenses. In Breckenridge, drug possession misdemeanors are less severe and usually result in shorter jail time and smaller fines.
Felonies
Felonies are more serious and can lead to longer prison sentences and larger fines. If you're caught with a large quantity of illegal substances or if there's an indication that you're attempting to distribute drugs, such as having a scale or smaller packaging, you're more likely to face felony charges.
Wobbler Offenses
A wobbler is an offense that may be classified either as a felony or a misdemeanor, depending on the circumstances and discretion of the prosecutor or judge. In Colorado, certain drug possession cases may fall under this category. For instance, a first-time offense involving a small amount of a controlled substance might be prosecuted as a misdemeanor rather than a felony. This can significantly impact the severity of the penalties, including potential jail time and fines.
What Our Clients Have to Say About Us
"I Would Highly Recommend" - Upstream 2019 LLC (5-Star Google Review)
Ehren did a great job. He had a lot of knowledge about the subject at hand and also provided feedback in a timely manner. I would highly recommend him based on my experience.
"The Absolute Best Attorney" - Francesca Piazza (5-Star Google Review)
Kylie Whitaker is the absolute best attorney I've ever had the pleasure to be represented by. Immediately, I felt completely understood and at ease that she was the perfect person to help me. She took the time to thoughtfully listen, understand my situation, and thoroughly explain all legal avenues to me. She also completely went to bat for me and, in my opinion, went above and beyond to obtain the best outcome possible. I would work with her and recommend her a million times over!
"Truly Made the Experience as Seamless as Possible" - Cameron Doss (5-Star Google Review)
Kylie is amazing and great at her job! She was a pleasure to work with and made the entire process of drafting and signing a prenuptial agreement very easy and quick. She is extremely knowledgeable and kind. She was great with communication and truly made the experience as seamless as possible. I would recommend her to anyone in need of any type of family law work done.
Types of Criminal Cases We Handle
Other Locations We Serve Near Breckenridge
Speak to Our Breckenridge Drug Possession Charges Law Firm Now!
Call Whitaker & Penix, LLC, at (970) 368-0602 for a free case consultation with one of our experienced attorneys.
Frequently Asked Questions
Do I need to hire an attorney even if I haven't been arrested yet?
Yes. You should have a lawyer present whenever police question you about any type of criminal behavior, even if you haven't been charged or arrested.
What questions should I ask when hiring a criminal defense attorney in Colorado?
At Whitaker & Penix, LLC, this isn't our first rodeo, and that makes a big difference. It's important to find out how much experience a lawyer has handling drug possession cases when your freedom is on the line.
Do I need an attorney if I'm innocent?
Yes. Unfortunately, innocent people get convicted of crimes they didn't commit in Colorado, and your best bet for protecting yourself is to choose a qualified criminal defense lawyer.
Do I really need a lawyer if I am going to plead guilty?
It's never advisable to risk conviction without securing the services of a criminal defense attorney. No matter what type of plea you submit, you're much more likely to receive a favorable outcome if you have a seasoned lawyer to fight for your freedom.