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How to Defend Drug Possession Charges in Colorado

Posted on March 7, 2025 in

Consequences of drug possession charges in Colorado can carry a hefty outcome, including time spent in jail and a criminal record that could make getting a job hard to do. This type of case may seem straightforward, but with such consequences, it is worth the fight. How do you defend drug possession charges in Colorado? By taking steps to demonstrate inaccurate evidence, lack of possession, or through other strategies, it may be possible to reduce these risks. A Lakewood drug possession attorney can help you with the charges.

Lack of Control Over the Drugs

One of the methods for defending against drug possession charges in Colorado is to demonstrate that the drugs were not under your control. A person who is close to drugs in proximity does not mean that they are in control of those drugs or guilty of a crime. The prosecutor must demonstrate that there is no doubt that you had control over the illicit substance – and that you knew you had that control.

Lacked Knowledge or Intent

A second defense strategy for drug possession focuses on proving that you did not intentionally possess the drugs. In some situations where you can show that you did not know the drugs were present or that the drugs were in another person’s possession, that could help you defend against these claims. Proving this will require demonstrating you were unaware of the presence or had no intention of possessing them.

Unconstitutional Search and Seizure

Your attorney may encourage you to claim law enforcement violated your rights due to an unconstitutional search or seizure. Under the Fourth Amendment of the Constitution, you have the right to be protected against search and seizure without a warrant. If you believe that did not happen in your situation, your attorney may encourage you to pursue this defense strategy. Doing so could mean that the evidence cannot be used in a court of law.

Prescriptions

In Colorado, medical cannabis and other drugs provide a way for those who are in need of substances for pain relief or other medical needs to maintain control over those substances. If you can demonstrate that you have a valid prescription for the drugs that you are being told were illegal, and you can prove that you had the amount and type of drugs allowable through your prescription, then the charges may not stick to you as well.

Enticed

Yet another avenue for moving your case forward is to demonstrate that entrapment occurred. Law enforcement cannot trick you or coerce you into breaking the law and then hold you accountable for doing so. To prove this, you will need to show how police took such actions, such as tricking you into picking up the drugs or telling you that it was okay to have them.

Working with a Drug Possession Defense Attorney Matters

When it is your word against law enforcement, it is critical to protect yourself with the guidance of an attorney. By working with a lawyer, you gain the necessary knowledge of any mistakes made by law enforcement or any available defense strategies that can prove you should not be found guilty. Having an attorney who is creative and dedicated to supporting you through this process can be critically important. Before you hire anyone, make sure you get them on the types of defense strategies they may use.