Breckenridge Marijuana Charge Lawyers
Are You in Need of a Breckenridge Marijuana Charge Attorney?
Adults over 21 are allowed to have small amounts of marijuana for personal consumption. However, you could be looking at serious jail time for conviction of marijuana charges in Breckenridge. There are strict penalties for distribution, possession beyond the legal limit, selling marijuana to minors, and other offenses. But an experienced criminal defense law firm like Whitaker & Penix, LLC, can help.
Why Choose Us Over Other Marijuana Charges Lawyers in Breckenridge
Kylie Whitaker and Ehren Penix have years of experience in Breckenridge courts, and Whitaker & Penix, LLC, provides invaluable guidance and support. We allow you to make informed decisions about your case and find the right legal strategy to get the charges against you reduced or dismissed.
Whitaker & Penix, LLC | Marijuana 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 Marijuana Possession Arrest
Exercise Your Right to Remain Silent: Don't Speak Without a Lawyer Present
There's no benefit to speaking with the police, and anything you say can be used to harm your case. Politely inform the officers that you wish to speak to a Breckenridge drug crime defense attorney before answering any questions to ensure your rights are protected, and you don't inadvertently harm your defense.
Avoid Talking About Your Case in Jail
Conversations in prison are not private! Anything you say to friends, family, or fellow inmates could be recorded or repeated and used against you in court.
Contact Whitaker & Penix, LLC, for Help
Having an experienced law firm on your side can make a big difference in the outcome of your case. Our lawyers will immediately work on your defense strategy and help you with the bail process to get you out of jail while you await your trial.
What Are the Penalties for Marijuana Possession in Breckenridge, CO?
In Colorado, misdemeanor charges carry lighter sentences, such as fines of up to $5,000 and jail time of up to a year. Specifically, a Breckenridge marijuana conviction can lead to a range of legal penalties. For minor infractions, such as possession of small amounts, penalties might include fines and mandatory drug education classes. But more serious charges, such as possession with intent to distribute, can result in harsher consequences like significant fines, probation, or long-term imprisonment.
The penalties for marijuana felonies range from one to six years in prison, with fines reaching up to $500,000, depending on the specific charge. Factors such as selling to minors or involving minors in distribution can enhance the severity of the sentence, and defendants with prior convictions may face even harsher penalties.
Life Consequences for a Drug Possession Conviction
A marijuana conviction in Colorado can have significant life consequences that extend far beyond legal penalties. One of the most immediate effects is employment. A criminal record may limit job opportunities, as many employers conduct background checks and may be hesitant to hire someone with a drug-related conviction.
A drug conviction can also affect your professional license, potentially leading to suspension or revocation in fields such as healthcare, law, or education. Under U.S. immigration law, drug-related offenses can also be grounds for inadmissibility or removal, even for crimes that are considered minor under state law.
Additional areas where a drug conviction may cause problems include:
- Gun rights
- Housing opportunities
- Custody and visitation
The Process When Facing a Marijuana Charge in Breckenridge
Investigation of Criminal Activity
During an investigation of a Breckenridge marijuana charge, police officers may collect physical evidence, interview witnesses, and consult with the District Attorney.
What Is Probable Cause?
Probable cause refers to the legal standard law enforcement must meet to justify an arrest, search, or seizure. For a marijuana-related arrest, officers must have a reasonable belief, based on facts and circumstances, that a person has committed a crime.
Arrest
During arrest, the suspect is informed of their rights and taken into custody, where they may undergo booking procedures, including fingerprinting and photographing.
Arraignment
The arraignment is the first court appearance that follows an arrest. This is where the accused is formally charged and asked to enter a plea of guilty, not guilty, or no contest. The arraignment ensures that the defendant is fully aware of the charges against them.
Bail
After an arraignment, the court may set bail, which is an amount of money or property that acts as a security deposit. The decision to grant bail and the amount required depend on factors such as the severity of the charges, the defendant's criminal history, and their ties to the community.
Preliminary Hearing
A preliminary hearing serves as a check on the prosecution's case. During this hearing, the judge evaluates whether there is enough evidence to proceed to trial. The prosecution must demonstrate probable cause, showing that a crime was likely committed and that the defendant is probably responsible.
Trial
During the trial, an attorney for the defense and prosecution will present their arguments, submit evidence, and cross-examine. Then, a verdict is reached.
Sentencing
The next step is sentencing, where the judge determines penalties. This may include jail time, fines, probation, or community service.
Appeals
An appeal is a request to a higher court to review the legal proceedings of the trial for errors. Your Breckenridge marijuana defense lawyer can help identify grounds for appeal, such as improper admission of evidence or misinterpretation of the law.
Do Not Wait Until an Arrest to Seek Legal Counsel
Colorado's progressive stance on marijuana does not eliminate the stringent legal implications associated with its misuse or unlawful distribution. It's best to get ahead of the curve by immediately hiring a law firm with experience handling marijuana charges, like Whitaker & Penix, LLC.
Free Consultation—Call (970) 368-0602 to Discuss Your Case Today!
Possible Defenses to a Marijuana Charge
Unlawful Search and Seizure
When facing marijuana charges in Breckenridge, an effective defense is often unlawful search and seizure. This defense argues that law enforcement violated your Fourth Amendment rights by conducting an illegal search without a proper warrant or probable cause. In Colorado, any evidence obtained through an unlawful search can be challenged in court, potentially leading to the dismissal of your case.
Entrapment
The entrapment defense is used when law enforcement is found to have induced a person to commit a crime they would otherwise have not engaged in. Proving entrapment involves demonstrating that the idea of committing the crime originated with the police and that the defendant was persuaded or coerced into committing the act.
Police Misconduct
Police misconduct can be a viable defense when law enforcement officers engage in unethical or illegal actions during the investigation or arrest process. This could include fabricating evidence, coercing false confessions, or planting drugs. Such misconduct can severely undermine the credibility of the prosecution's case.
Lack of Possession
The lack of possession defense can be a powerful strategy against marijuana cases. Simply being near drugs isn't enough for a conviction—the prosecution must establish that you had control over the substance. This defense hinges on demonstrating that you neither had physical possession nor the intent to control the marijuana.
Credibility of Witnesses
In Colorado, the credibility of witnesses can be challenged if there are reasons to believe they are unreliable. This defense involves examining the witness's ability to accurately recall events, potential biases, or any motives to provide false testimony. Factors such as the criminal history of a witness, relationship with the accused, or inconsistencies in their statements can be pivotal.
How a Breckenridge Marijuana Defense Lawyer Can Help
Whitaker & Penix, LLC, offers a lot more than just defense in court—we provide invaluable advice and insights that empower you to make informed decisions. This includes explaining the legal proceedings, potential consequences, and available options at each stage of the case.
Legal Representation and Advocacy
Kylie Whitaker and Ehren Penix are well-versed in Colorado's complex marijuana laws and have a deep understanding of the nuances involved in drug charge defense.
Case Analysis and Strategy
We'll review the details of your case, scrutinizing the evidence, law enforcement procedures, and circumstances surrounding the arrest to identify any weaknesses or inconsistencies in the prosecution's case.
Legal Guidance and Support
Whitaker & Penix, LLC, will advocate for your rights and work to reduce the penalties associated with the charges you're facing, whether in court or through negotiations with the prosecution.
Plea Bargaining
The plea bargaining process involves a careful assessment of the strengths and weaknesses of both the defense and prosecution cases. This might involve negotiating lesser charges, reduced sentences, or alternative penalties such as probation or community service.
Constitutional Rights Protection
Protecting constitutional rights is a fundamental aspect of defending against drug charges, including those related to marijuana. This includes evaluating the legality of searches and seizures, ensuring due process is followed, and protecting against unlawful interrogation practices. Any violation of these constitutional protections can be grounds for challenging the admissibility of evidence or even the dismissal of charges.
How Are Drug Possession Crimes Categorized in Colorado?
Misdemeanors
In Breckenridge, misdemeanors generally involve less severe offenses, such as possessing more marijuana than legally permitted or distribution, transfers, or possession with intent to sell.
Felonies
Felony marijuana charges in Colorado are distinct from misdemeanor charges due to the quantity of marijuana involved and the intent behind its possession or distribution. Under Colorado marijuana laws, possession of more than two ounces of marijuana, sale to minors, or cultivation of more than six plants can lead to felony charges.
Wobbler Offenses
Wobbler offenses in Colorado are legal charges that can be classified either as a misdemeanor or a felony, depending on the circumstances and the discretion of the prosecutor or judge.
For marijuana-related offenses, factors like the amount of marijuana, intent, and prior criminal history can determine whether an offense is considered a wobbler. The decision to prosecute as a misdemeanor or felony often depends on the specifics of the case and negotiations between your Breckenridge marijuana charge lawyer and the prosecution.
What Our Clients Have to Say About Us
"I Would Highly Recommend Whitaker & Penix, LLC" - Austin Pierce (5-Star Google Review)
Whitaker & Penix, LLC, was very helpful to me. Kylie is friendly and professional. She was able to answer all of my questions with a quick response. I would highly recommend Whitaker & Penix, LLC, to anyone in need of an attorney.
"Incredibly Knowledgeable" - Adam Chingren (5-Star Google Review)
Mr. Penix is incredibly knowledgeable about all areas of his practice. I wouldn't trust any other attorney to handle my case.
"Professional, Knowledgeable, and Always Kept My Best Interests in Mind" -Dustin M. (5-Star Avvo Review)
I would highly recommend Kylie Whitaker as a criminal attorney. She represented me in a case in Breckenridge, Colorado, and was able to get three out of the four charges against me dropped. Not only that, but she was able to negotiate a minimal probationary period for me as well. Throughout the entire process, Kylie was professional, knowledgeable, and always kept my best interests in mind. I am extremely grateful for her representation and the positive outcome of my case.
Types of Criminal Cases We Handle
Other Locations We Serve Near Breckenridge
Speak to Our Breckenridge Marijuana Charges Lawyers Now!
Call (970) 368-0602 for a case consultation.
Frequently Asked Questions
Do I really need a lawyer if I'm going to plead guilty?
Yes. A conviction for drug possession in Colorado could result in serious consequences such as jail time, loss of gun rights, or job termination. It's best to consult with a criminal defense attorney before offering a plea in a criminal case.
What questions should I ask when hiring a criminal defense attorney in Colorado?
You'll want to find out how much experience the lawyer has in similar cases, the types of defense strategies they will use, and their familiarity with the local court system.
Do I need an attorney if I'm innocent?
Yes. Unfortunately, innocent people get convicted for crimes they didn't commit in Colorado. That's why it's important to find a lawyer who will protect you against zealous prosecutors and unscrupulous police officers.
Do I need to hire an attorney even if I haven't been arrested yet?
Yes. You should have a lawyer present any time you are question
What does a criminal defense attorney do for their clients?
The lawyers at Whitaker & Penix, LLC, will remain by your side to represent you throughout the legal process. We'll aggressively protect your rights and work to get the charges against you reduced or dismissed so you can move on with your life.