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Defense Of Colorado Drug Crimes Cases

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.

Defense Of A Colorado Drug Crimes Case

Defense Of A Colorado Drug Crimes 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…

Defense Of Colorado Drug Crimes Cases  – Successful Drug Crime Defenses Are Almost Always Based on Procedural Grounds

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.

Colorado Drug Charges Involving Possession of Controlled Substances

Proving the crime of Unlawful Possession of Controlled Substances § 18-18-403.5.

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.

Here Are Some Of the Questions In A Colorado Drug Crime Case That May Give Rise To Certain Colorado Criminal Defenses

  1. Did law enforcement require a search warrant to search you, your car, or your house?
  2. Did the police have the legal right known as “probable cause” to search you, your car or your home?
  3. Did the police have the right to hold – or detain you – until the K-9 unit arrived to conduct a dog sniff search?
  4. Were the dogs used in the sniff search reliable – will that dog sniff search hold up in court?
  5. Was the search and seizure of the evidence conducted in a timely manner or was it stale – did the police wait too long to execute a search warrant?and….
  6. Along these same lines – was the information forming the basis for the affidavit in support of the search warrant – false – fraudulent and or stale information?
  7. If the search did not fall into one of the exceptions of the 4th Amendment  – did law enforcement violate your constitutional rights in not obtaining the proper warrant to search you, your car, or your house?
  8. If the warrant can be thrown out of court – does that mean the case must now be dismissed?
  9. If the evidence against you is excluded, suppressed, or thrown out of court – is there enough evidence from other sources remaining to make out a case beyond a reasonable doubt?
  10. Some Additional Issues To Examine On The Issue Of Actual Possession vs. Constructive Possession:
      • Were the drugs (the controlled substance) actually found on you?
      • If the drugs were not actually on you, were they somewhere close by – such as in a car or a house you were in? If so – the DA may proceed on a theory of criminal liability ( see above ) called constructive possession. This is considered a weak case and you may have several methods to employ to defend the drug charge.

Defense Of Colorado Drug Crimes Cases

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

If you found the information provided on this webpage to be helpful, please click my Plus+1 button so that others may also find it.

___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
DTC Quadrant Building
5445 DTC Parkway, Penthouse 4
Greenwood Village, Colorado, 80111
Primary Web Site:  http://www.HMichaelSteinberg.com
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