Drug Possession Defense Attorneys in Fort Collins

Experienced Legal Defense for Drug Charges in Fort Collins

Possession of drugs is a serious crime in Colorado. Even if you were simply in the presence of drugs without knowledge of their presence, you could still face charges. If you are facing drug possession charges, you need an experienced Fort Collins drug possession defense attorney at your side.

Understanding Drug Possession Laws in Colorado

In Colorado, drug possession can be charged as either a misdemeanor or a felony, depending on the type and quantity of the drug involved. The type of drug and the amount of the drug will determine the severity of the charges. The penalties for drug possession are harsh and can include jail time, probation, fines, and loss of professional licenses. With so much at stake, you need an attorney who is committed to fighting for your rights and working to protect your future.

Our Fort Collins drug possession defense attorneys are well-versed in the laws and procedures related to drug possession charges. Roselle & Breitigam, P.C.has been practicing in the Fort Collins area for more than 25 years. We are ready to fight for you and have a proven track record of success.

What Is Considered Possession?

Possession of drugs can be charged in a few different ways. The way possession is charged will depend on the circumstances of the incident. For example, if the drugs were found on your person, that is one type of possession. If the drugs were found in your home, that is another type of possession.

Our Fort Collins drug possession defense attorneys can help you no matter what type of possession you were charged with.

Defining Possession by Operation of Law

If you were arrested with drugs and you were not in possession of them, you could still face drug possession charges. This is called possession by operation of law.

Possession by operation of law occurs when:

• A controlled substance is found in an area under the control of the suspect, such as their home or car;
• The controlled substance is in a container or package that bears the suspect's name;
• The controlled substance is readily distinguishable from the remainder of the substance in the container or package; and
• The suspect exercised dominion and control over the controlled substance by, for example, placing it in the container or package.

In order to be convicted of possession by operation of law, the prosecution must prove beyond a reasonable doubt that the drugs in question were in fact a controlled substance and that you knew the drugs were in the area where they were found.

Possession of Drugs on Your Person

If drugs were found on your person, you could be charged with possession of drugs. This type of possession is charged as a petty offense, which is a less serious charge than possession with intent to sell or distribute.

Possession of drugs on your person occurs when:

• A controlled substance is found on the suspect's person;
• The controlled substance is in a container or package that bears the suspect's name; and
• The suspect exercised dominion and control over the controlled substance by, for example, carrying the container or package.

In this type of possession, it is not necessary to prove that you knew the drugs were on your person. However, the prosecution can use your possession of the drugs as evidence that you intended to use the drugs for your own use.

Possession of Drugs in a Public Place

Possession of drugs in a public place is charged as a petty offense. This type of possession occurs when a controlled substance is found in a public place and the suspect did not have control over the drugs. For example, if a police officer finds drugs in your pocket without your knowledge, you could be charged with possession in a public place.

Possession of drugs in a public place occurs when:

• A controlled substance is found in a public place;
• The controlled substance is in a container or package that bears the suspect's name; and
• The suspect exercised dominion and control over the controlled substance by, for example, carrying the container or package.

In this type of possession, the prosecution must prove that you knowingly had control over the drugs in question.

Possession of Drugs with Intent to Sell or Distribute

Drug possession with intent to sell or distribute is charged as a felony. If you are convicted of this crime, you could face jail time and fines, as well as the loss of your professional license. Drug possession with intent to sell or distribute occurs when a controlled substance is found in a place where controlled substances are stored and the suspect had the intent to sell or distribute the drugs.

Possession of drugs with intent to sell or distribute occurs when:

• A controlled substance is found in a place where controlled substances are stored;
• The suspect had the intent to sell or distribute the drugs.