Breckenridge Drug Trafficking Defense Lawyers
Are You in Need of a Breckenridge Drug Trafficking Charge Attorney?
A criminal drug trafficking conviction in Breckenridge could cost you your job, reputation, and freedom. Whitaker & Penix, LLC, will find the best legal strategy to get the charges against you reduced or dismissed.
Why Choose Us Over Other Drug Trafficking Charge Lawyers in Breckenridge?
Kylie Whitaker and Ehren Penix have deep ties to the local courts in Breckenridge. They also have an impressive track record of success defending clients against drug trafficking charges.
Whitaker & Penix, LLC | Drug Trafficking Charge Law Firm In Breckenridge
- Whitaker & Penix, LLC, takes calls 24/7.
- Whitaker & Penix, LLC, has an A+ rating from the Better Business Bureau.
- Ehren Penix has years of experience as a prosecutor and in private practice.
- Kylie Whitaker and Ehren Penix have in-depth knowledge of local courts.
- Kylie Whitaker has been recognized as a Rising Star by Super Lawyers.
- Kylie Whitaker is a former prosecutor and Assistant DA in Breckenridge courts.
Whitaker & Penix, LLC, can help with your drug trafficking charge. Call us at (970) 368-0602.
What to Do After Being Arrested for Drug Trafficking in Breckenridge
Facing a drug trafficking charge in Breckenridge can feel overwhelming, but having the right attorney to support you and protect your rights can make a big difference.
Exercise Your Right to Remain Silent: Don't Speak Without a Lawyer Present
Even if police officers tell you that talking to them without your lawyer present could help your cause, it simply isn't true. Anything you say can be used against you in court.
Avoid Talking About Your Case in Jail
It's not a good idea to discuss details about your case with anyone, especially when you're in jail. Your phone calls and private conversations may be monitored, and what you say could have negative consequences.
Contact Whitaker & Penix, LLC, for Help
The Breckenridge drug trafficking defense attorneys at Whitaker & Penix, LLC, will protect your rights and provide you with the information you need to make informed decisions about your case.
The Process for Breckenridge Drug Trafficking Cases
Investigation of Criminal Activity
During an investigation, law enforcement gathers evidence to determine if a crime has been committed.
What Is Probable Cause?
Probable cause refers to the reasonable belief that someone has committed a crime. For law enforcement, establishing probable cause is necessary before making an arrest or conducting a search. This means officers must have enough facts or evidence to support their suspicions.
Arrest
An arrest involves taking a suspect into custody to face charges for an alleged crime. During the arrest, officers must inform the accused of their right to remain silent and the right to have an attorney present.
Arraignment
Arraignment is when the accused individual is brought before the court, and the charges against them are formally read. The defendant will be asked to enter a plea, which is usually guilty, not guilty, or no contest.
Bail
Bail is a monetary guarantee set by the court to ensure the defendant's appearance at future hearings. When setting bail, the judge considers factors such as the severity of the crime, the defendant's criminal history, and flight risk.
Preliminary Hearing
A preliminary hearing is held to determine if there is enough evidence to proceed to trial. The prosecution presents evidence and may call witnesses to establish probable cause that a crime occurred and that the defendant is responsible. A defense attorney has the opportunity to cross-examine witnesses and challenge evidence.
Trial
If the judge decides that there's sufficient evidence to proceed and no plea arrangement is reached, the trial will begin. It starts with opening statements, where each side outlines their arguments. Next, the prosecution presents evidence and calls witnesses to support their case. The defense then has the opportunity to cross-examine these witnesses and challenge the evidence. After the prosecution rests, the defense presents its own evidence and witnesses, aiming to create reasonable doubt about the defendant's guilt. Following closing arguments from both sides, the jury or judge deliberates and reaches a verdict.
Sentencing
Sentencing is when the judge imposes penalties based on the severity of the crime, the defendant's past criminal record, and any mitigating or aggravating factors.
Appeals
An appeal is a review of the original trial's proceedings to identify legal errors that may have affected the outcome. The appeals court could affirm the original decision, reverse the conviction, or order a new trial.
Do Not Wait Until an Arrest to Seek Legal Counsel
Early intervention by a Breckenridge drug trafficking charge lawyer ensures that your rights are protected from the start, helping to prevent any missteps that could negatively impact your case. Whitaker & Penix, LLC, will provide guidance on how to respond to law enforcement inquiries and navigate the initial stages of the legal process. This proactive approach will help you avoid errors that could harm your case.
Whitaker & Penix, LLC, can help protect your rights. Seek our legal counsel by calling (970) 368-0602.
Possible Defenses for a Drug Trafficking Charge
Whitaker & Penix, LLC, will craft an effective legal strategy using several defenses to counter accusations of drug trafficking in Breckenridge. For example, entrapment occurs when law enforcement officials induce someone to commit a crime they wouldn't have otherwise engaged in. If your attorney can prove entrapment, it may be possible to have the charges dismissed. This defense requires showing that the idea for the crime originated with the police, not the defendant.
Police misconduct involves unethical or illegal actions by officers during the investigation or arrest process. This can include evidence tampering, coercion, or unlawful search and seizure. Demonstrating police misconduct might lead to the suppression of evidence, weakening the prosecution's case. This defense requires thorough investigation and strong legal arguments.
Unlawful search and seizure is one of the most effective legal defense strategies in drug trafficking cases. The Fourth Amendment protects you against unreasonable searches and seizures—police must follow legal procedures to obtain evidence. If authorities conduct a search without a valid warrant or probable cause, any evidence found may be ruled to be inadmissible in court.
Whitaker & Penix, LLC, may argue lack of possession if you can demonstrate that you didn't have physical control over the drugs in question or lack of intent if you never intended to sell them. For example, if the drugs were found in a shared space, it could be difficult to prove possession. Similarly, if there is no evidence suggesting an intent to distribute, such as scales or baggies, you could challenge the intent aspect of the charge.
Chain of custody refers to the process of documenting the handling of evidence from the time it's collected until it's presented in court. In drug crime cases, any break or flaw in this chain can be a significant defense. If evidence seized during an arrest was not properly logged or went unaccounted for at any step, this can be grounds to challenge its admissibility.
How a Breckenridge Drug Trafficking Lawyer Can Help
Legal Representation and Advocacy
Having strong legal representation is crucial when facing drug trafficking charges. It ensures that you'll receive fair treatment throughout the legal process. An experienced Breckenridge drug crime defense attorney can analyze the specifics of your case to successfully navigate the legal system. The lawyers at Whitaker & Penix, LLC, will serve as your advocate, working tirelessly to present your side of the story. We engage in thorough case preparation, including investigating the circumstances of your arrest, challenging evidence, and cross-examining witnesses.
Case Analysis and Strategy
Developing a robust drug trafficking defense begins with a thorough case analysis. Whitaker & Penix, LLC, will carefully examine the details of your case, including evidence, witness statements, and law enforcement procedures. This strategic approach ensures that every legal avenue is explored, providing the necessary tools to help you achieve a favorable outcome.
Legal Guidance and Support
It's important to remember that you're not alone—Whitaker & Penix, LLC, is advocating for your best interests. Starting with your initial consultation, our Breckenridge drug trafficking lawyers help you understand the charges against you and explain each step of the legal process. We're available to answer questions, clarify legal jargon, and help you make informed decisions about your case.
Plea Bargaining
In Colorado drug trafficking cases, plea bargaining offers individuals a chance to negotiate their way through the Colorado legal process. Plea deals are the result of careful discussions between the defendant, their lawyer, and prosecutors.
The defendant might agree to plead guilty to a lesser charge or accept a specific sentence. In return, the prosecutor could reduce the original charges or suggest a lighter penalty. Plea bargaining allows the defendant to avoid the stress and uncertainty that comes with a trial.
Protecting Your Constitutional Rights
From the moment of arrest, you are entitled to specific protections, such as the right to remain silent and the right to legal representation. If your rights are infringed, your lawyer can file motions to suppress evidence or even dismiss charges. Whitaker & Penix, LLC, will scrutinize the legality of searches and seizures. We will also assert your Fifth Amendment rights against self-incrimination when necessary.
What Are the Penalties for Drug Trafficking in Breckenridge, CO?
Colorado has strict penalties for violating drug trafficking laws. Felony charges can result in up to 32 years in prison, a three-year mandatory parole period, and up to one million dollars in fines. Federal penalties can be even more harsh, carrying prison sentences of up to 40 years.
Life Consequences for a Drug Possession Conviction
A drug trafficking conviction in Breckenridge can negatively affect several aspects of your life. One significant impact is on employment opportunities. A criminal record can make it difficult to find a job, as many employers conduct background checks and may be hesitant to hire someone with a felony conviction. Additionally, professional licenses can be revoked or denied, destroying careers in fields like healthcare, education, and law.
The right to possess a firearm can also be lost, impacting personal security and hobbies. Your immigration status may be jeopardized, possibly leading to deportation or denial of citizenship. A criminal conviction can also be used against you in a custody battle, which could result in the loss of child custody or visitation rights.
How Are Drug Trafficking Charges Categorized in Colorado?
Drug trafficking crimes in Breckenridge, Colorado, cover a range of illegal activities involving controlled substances. Common offenses include manufacturing, distribution, and possession with intent to distribute drugs. Colorado law categorizes drug trafficking based on the type and amount of substance involved. Generally, larger quantities lead to more severe charges.
Manufacturing refers to the production of illegal drugs, while distribution involves selling or delivering these substances. Possession with intent to distribute means holding a significant amount, suggesting plans to sell. Transporting controlled substances across state or county lines is a serious crime.
Misdemeanors
Legal penalties for misdemeanors are generally less severe than felonies, but misdemeanor drug trafficking charges still carry penalties that include jail time, fines, or community service.
Felonies
Felonies are the most serious drug-related offenses. They involve significant activities like drug trafficking, manufacturing, or distributing large quantities of illegal substances. Felony convictions can lead to long-term imprisonment and significant fines.
Prior convictions also play a crucial role – repeat offenders are more likely to face harsh felony charges. The presence of aggravating factors, such as involving minors in drug activities or trafficking near schools, can escalate the severity of the charges.
Wobbler Offenses
In Colorado, wobbler offenses are often charged as felonies, but they may be reduced to misdemeanors under certain conditions. A drug trafficking crime attorney can advocate for an offense to be treated as a misdemeanor, and this can significantly reduce the penalties that a defendant will face.
What Our Clients Have to Say About Us
"Will Recommend" - Darin Lance (5-Star Google Review)
Ehren was a professional all the way through my case. He took the time to carefully explain the process, set expectations, and give advice. He is responsive to emails and is able to quickly answer questions. He also managed to negotiate a very advantageous deal for my case. 10/10 will recommend.
"She Does Everything She Can for Her Clients" - Philip O'Sullivan (5-Star Google Review)
Kylie was my first experience with a criminal lawyer, and she could not have done a better job! On top of getting my felony case dismissed, she was very friendly and easy to talk to, too. If you are in the Summit County area, I could not recommend anyone other than Kylie, as she does everything she can for her clients.
Types of Criminal Cases We Handle
Other Locations We Serve Near Breckenridge
Call Whitaker & Penix, LLC, for a Free Case Consultation
Our trial attorneys have the knowledge, experience, and determination to get your charges reduced or dismissed. Don't wait—contact our Breckenridge office at (970) 368-0602 to get the legal help you need.
Frequently Asked Questions
Do I need to hire an attorney even if I haven't been arrested yet?
Maybe. It's definitely a good idea to speak with a Breckenridge criminal defense lawyer right away if the police want to question you about any type of criminal activity, and never answer questions from law enforcement officers unless your attorney is present.
What should I do if I've been arrested on drug trafficking charges in Colorado?
Demand to speak with your attorney right away, assert your right to remain silent until they arrive, and don't discuss details about your case with anyone except your lawyer.
Do I need an attorney if I'm innocent?
It's crucial to speak with an experienced lawyer if you have any reason to believe that the police suspect you of criminal activity, even if you're completely innocent.
Do I really need a lawyer if I am going to plead guilty?
Regardless of the circumstances of your case, you shouldn't offer any type of plea without speaking to your lawyer.
What questions should I ask when hiring a criminal defense attorney in Colorado?
You'll want to find out how much experience they have handling cases that are similar to yours. Choosing an attorney with strong ties to local courts can be very advantageous.