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By Colorado Drug Crime Criminal Defense Lawyer – H. Michael Steinberg
Defense Of Colorado Drug Crimes Cases – This article addresses defenses that arise when certain questions are asked that must – out of necessity – grow out of the facts unique to each case.
Whether you are charged with misdemeanor possession of marijuana or you are facing charges of trafficking in controlled substances such as cocaine or methamphetamine, the defense of the case will be similar….your drug crimes lawyer should be asking certain questions…
Successful Colorado criminal defense lawyers know that to aggressively defend drug crime charges – the focus will almost always be an attack on procedural grounds – that is – challenging the police on such issues as:
(1) The stop and frisk,
(2) The traffic stop,
(3) Search and Seizure of Evidence Issues,
(4 ) And Chain of Custody of the Evidence.
An experienced and aggressive Colorado criminal defense lawyer must take a proactive approach – not a reactive approach to defending the drug crime case. Legal challenges to police procedures for determining probable cause or the gathering, processing or preserving evidence are the most direct method for attacking the State of Colorado’s case in chief… before the case even gets to trial.
The approach here is to carefully study the techniques used by law enforcement in investigating the drug crime case – specifically the search and seizure techniques used by the police in this specific case and their application of the multiple and complex rules behind the issuance of search warrants. Concentration on the alleged “consent” search or whether the plain view search that is said to have taken place was – in actuality – a coerced search performed at the expense of the civil rights of the accused.
The unlawful possession of a controlled substance requires possession – and that “possession” must be either “actual or constructive.” Actual possession is defined mostly by common sense – which means that the accused had personal custody of the controlled substances in question.
Then there is the much weaker case of “constructive possession.” Constructive possession means that the drugs in question were not specifically in the actual physical possession of the accused – but that the defendant had sufficient dominion and control over the drugs… or if others are involved – the “joint” or combined dominion and control of the drugs with another individual to charge him or her with the commission of the cimre.
If the prosecutor is unable to prove beyond a reasonable doubt that you were in actual or constructive possession of the controlled substance in question under the law ( 18-18-403.5. Unlawful possession of a controlled substance), your case may be dismissed by filing a motion to Dismiss at what is called “halftime” during the criminal trial. This is called a motion for judgment of acquittal.
It should be obvious from reading my web sites that a drug or controlled substance case is always heavily dependant upon the facts of each individual case. The specific facts of your case are what matter to H. Michael Steinberg and it is critical that – during the phone consultation – you are clear about the specifics of your interaction with the police.
Please call for a free consultation so that he can advise you based upon the unique facts of your Colorado Drug Crime Case and what the Defense Of Colorado Drug Crimes Cases should look like