Summit County Drug Crime Attorneys

Are You in Need of a Drug Crime Lawyer in Summit County?

Drug charges in Summit County are serious and can have lasting consequences. Whether you’re a resident or a visitor, facing criminal allegations related to drugs can feel overwhelming—as Colorado has strict drug laws, and prosecutors in the 5th Judicial District pursue these cases aggressively.

If you’ve been arrested, you need a skilled Summit County criminal defense attorney who understands local laws, the courts, and the specific challenges associated with drug-related charges.

Why Choose Us Over Other Lawyers in Summit County?

At Whitaker & Penix, LLC, we provide personalized, strategic defense for those accused of drug crimes in Summit County. We fight to protect your rights, minimize penalties, and give you the best chance at preserving your future.

Whitaker & Penix, LLC | Criminal Defense Law Firm in Summit County

A+ Rating from the Better Business Bureau
Kylie Whitaker has been named a Rising Star by Super Lawyers in Colorado
In-depth knowledge of Summit County courts and local criminal procedures
Available for client communication after hours and in emergencies
Personalized representation—never a high-volume, assembly-line firm
Proven record of success negotiating favorable outcomes for drug possession and distribution cases
Trusted local criminal defense firm for residents and out-of-state visitors alike

Call Whitaker & Penix, LLC, Today

If you’ve been arrested for a drug crime in Summit County, time is critical. Call (970) 368-0602 for a free consultation. We’re available 24/7 to help you understand your options and start building a defense.

What to Do After an Arrest

Taking these steps can give your legal team a better foundation for your defense and may influence the court’s perception of your case.

Remain Silent: Do not answer questions from police or investigators. Anything you say can be used against you.
Request a Lawyer: Ask to speak with your attorney immediately. Don’t sign or agree to anything without legal counsel.
Avoid Discussing the Case: Don’t talk to friends, family, or post anything on social media.
Contact Whitaker & Penix, LLC: The sooner we can begin working on your case, the better your outcome could be.

Types of Drug Charges in Colorado

Possession

This refers to having a controlled substance for personal use. Charges and penalties vary depending on the type and amount of the drug.

Possession With Intent to Distribute

When law enforcement believes you intended to sell or distribute the drug based on the quantity or packaging, you may face harsher charges.

Distribution

This involves selling or delivering drugs to others. These charges are more severe than simple possession and often come with felony penalties.

Trafficking

Drug trafficking usually refers to the movement of large quantities of drugs and often involves multiple jurisdictions, making federal charges more likely.

Manufacturing

Producing controlled substances or cultivating illegal plants, such as unlicensed marijuana grows, falls under manufacturing and can result in long prison sentences.

Drug Paraphernalia

Even possessing items associated with drug use—like syringes, pipes, or scales—can result in criminal charges.

Misdemeanor vs. Felony Charges

In Colorado, drug crimes are categorized as either misdemeanors or felonies depending on the type and quantity of the substance, the nature of the offense, and the defendant’s criminal history.

Misdemeanor charges typically involve smaller quantities of drugs for personal use. Common misdemeanor offenses include possession of Schedule V substances, unlawful possession of drug paraphernalia, and first-time possession of controlled substances in limited amounts.

While still serious, these charges may allow for:

Diversion programs
Deferred judgments
Probation
Reduced or sealed records after successful completion of court-ordered conditions

Felonies involve more serious conduct, such as distribution, manufacturing, possession with intent to distribute, or possession of large quantities of Schedule I or II drugs.

These offenses carry:

Extended prison time
Significant fines
Long-term supervision after release
A permanent criminal record

State and Federal Charges

Drug crimes can be prosecuted at both the state and federal levels, depending on the nature and scope of the alleged offense. While most drug-related arrests in Summit County fall under state jurisdiction, certain circumstances can elevate the case to federal court.

State drug charges are prosecuted under Colorado law and are typically related to local possession, distribution, or manufacturing offenses. These cases are handled in county or district court, and penalties vary based on the drug schedule, amount, and intent.

Federal charges arise when the crime involves:

Interstate or international drug trafficking
Large-scale operations involving multiple parties or locations
Arrests on federal property, such as national parks
The use of mail or digital communication to coordinate drug sales
Conspiracies with multi-state implications

Federal drug convictions are often more severe, with mandatory minimum prison sentences and fewer opportunities for plea bargains, alternative sentencing, or diversion programs.

What Are the Legal Penalties for Drug Crimes in Colorado?

Colorado imposes a wide range of penalties for drug offenses depending on the substance involved, the quantity, and whether the charge is for possession, distribution, or manufacturing. These penalties are categorized under different levels of misdemeanors and felonies.

Misdemeanor Penalties

Level 1 Drug Misdemeanor: Up to 18 months in jail and a fine of up to $5,000
Level 2 Drug Misdemeanor: Up to 12 months in jail and a fine of up to $750

Misdemeanor convictions may also require community service, probation, substance abuse treatment, or educational classes.

Felony Penalties

Level 4 Drug Felony: 6 months to 1 year in prison and fines up to $100,000
Level 3 Drug Felony: 2 to 4 years in prison and fines up to $500,000
Level 2 Drug Felony: 4 to 8 years in prison and fines up to $750,000
Level 1 Drug Felony: 8 to 32 years in prison and fines up to $1,000,000

Life Consequences of a Drug Crime Conviction

The impact of a drug conviction extends beyond legal penalties.

Immigration

Drug offenses are often considered crimes of moral turpitude or aggravated felonies under immigration law; thus, a conviction can lead to deportation, denial of re-entry, or loss of permanent resident status for non-citizens.

Employment

Employers often conduct background checks in Summit County. A conviction may result in termination, lost job offers, or ineligibility for certain types of work, especially those involving government contracts or professional trust.

Child Custody

In family law matters, a drug conviction can be used against you in custody or visitation disputes and may lead to supervised visitation or loss of parental rights.

Professional License

Teachers, nurses, attorneys, and other licensed professionals may face disciplinary action, suspension, or revocation of their licenses following a conviction.

Effective Legal Defense Strategies

Mounting an effective defense against drug charges requires a detailed investigation of the facts and a strong understanding of both Colorado and federal drug laws.

At Whitaker & Penix, LLC, we tailor each defense strategy to the unique facts of the case, seeking to exploit weaknesses in the prosecution’s evidence and ensure our client’s rights had not been violated.

We begin with a comprehensive review of the arrest process, examining whether the police followed proper protocol. If there was an illegal search, stop, or seizure, we fight to suppress that evidence. In many cases, the outcome hinges on whether law enforcement violated constitutional protections.

We also look for any procedural errors, such as mistakes in how evidence was handled or tested. Lab errors, contamination, or misidentification of substances can all serve as grounds for dismissal.

In cases involving allegations of distribution or intent to distribute, we analyze the quantity and packaging of the substances involved. Often, what appears to be an intent to distribute can be challenged with evidence of personal use.

Unlawful Search and Seizure: Police must follow strict rules when conducting searches and seizures. If evidence was obtained without a valid warrant or probable cause, we file motions to suppress it. Suppressed evidence can weaken or dismantle the prosecution’s case entirely.
Lack of Knowledge: Prosecutors must prove that you knowingly possessed an illegal substance. If you were unaware that drugs were in your vehicle, home, or belongings, or didn’t know the nature of the substance, this lack of knowledge could serve as a powerful defense.
Entrapment: Law enforcement cannot induce someone to commit a crime they were not predisposed to commit. If undercover officers or informants pressured you into purchasing or distributing drugs, we may raise entrapment as a defense.
Substance Identification Errors: Drug charges often hinge on lab results. We scrutinize the testing process, including how evidence was stored, handled, and tested. Lab contamination, mislabeling, or testing errors can result in the dismissal of charges.
Medical or Legal Possession: In some cases, defendants have a valid prescription or license for the substance in question. If you can legally possess a substance under medical marijuana laws or other legal provisions, we use this to challenge the prosecution’s case.

How a Summit County Criminal Defense Lawyer Can Help

Drug charges can carry steep penalties and life-changing consequences. Having a seasoned criminal defense attorney by your side can make all the difference.

At Whitaker & Penix, LLC, we provide focused, strategic representation tailored to each case.

Plea Negotiation and Alternative Sentencing: We work to secure reduced charges or alternative sentencing like diversion programs or treatment options, especially for first-time or non-violent offenders. This can help you avoid jail and a permanent criminal record.
Courtroom Representation: We are experienced litigators who prepare every case as if it’s going to trial. If your case goes before a judge or jury, we advocate forcefully and clearly on your behalf.
Consistent Communication: You won’t be left wondering about the status of your case. We provide regular updates, clear explanations, and honest answers to your questions. We are accessible even after hours when emergencies arise.

With deep knowledge of Summit County’s legal system and a proven commitment to client care, Whitaker & Penix, LLC offers the dependable, local defense representation you need when the stakes are high.

Speak With Our Experienced Drug Crime Defense Attorneys in Summit County

Whether you’re a local resident or a visitor who got caught up in unexpected legal trouble, you need a dependable law firm in your corner. Call (970) 368-0602 today for a free consultation. You don’t have to face this alone. Let Whitaker & Penix, LLC, fight to protect your freedom and your future.

What Our Clients Have to Say About Us

“Very Trustworthy” - Kevin Sauer (5-Star Google Review)

Mr. Penix is a hard worker and is very trustworthy. He also has several years of experience, both as a prosecutor and defense attorney.

“Very Professional and Responded Quickly” -AK Rockwell (5-Star Google Review)

Everyone I spoke with was very professional and responded quickly. I am looking forward to working with them more in the future.

“Friendly and Professional” - 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 quick response. I would highly recommend Whitaker & Penix, LLC, to anyone in need of an attorney.

Types of Criminal Cases We Handle

Criminal Defense
DUI & Traffic Defense
Drug Crimes
Theft Crimes
Violent Crimes
Sex Crimes

Other Locations We Serve

Drug Crimes FAQs

Is marijuana possession still a crime in Colorado?

Yes, possession over the legal limit or possession by minors can still lead to criminal charges in Colorado.

Will I go to jail for a first-time possession charge?

Not necessarily. Many first-time offenses are eligible for treatment programs or probation.

Can drug charges be dismissed in Colorado?

Yes, charges can be dismissed due to a lack of evidence, improper procedure, or through successful plea negotiations.

What is the difference between state and federal drug charges?

Federal charges are typically more severe and involve larger operations or interstate activity.

What if I didn’t know the drugs were in my car or bag?

Lack of knowledge is a potential defense. The prosecution must prove intent.

Can a drug conviction affect my driver’s license?

Yes, certain convictions can result in license suspension, especially if linked to DUI or trafficking.

Will a drug conviction affect my student loans?

It can. Some federal aid programs may deny or revoke eligibility due to a conviction.

Should I talk to the police if I’m innocent?

No! Always speak with an attorney before giving any statements.

How soon should I contact a lawyer after an arrest?

Immediately. Early legal intervention is critical to building a strong defense.