Fighting Drug Possession Charges in Colorado Springs
Being arrested for drug possession in Colorado Springs can be a life-changing event. Whether you’re facing a misdemeanor charge or a serious felony drug charge in Colorado, the consequences can impact your freedom, career, reputation, and future.
But a charge is not a conviction. With the right legal strategy, it’s possible to challenge the case against you.
At The Bussey Law Firm, P.C., we have decades of experience defending clients against drug-related offenses in El Paso County and throughout Colorado.
Understanding Colorado Controlled Substance Laws
Colorado classifies drugs according to Schedules I through V based on their potential for abuse and accepted medical use. The penalties for possession vary depending on:
- The type and quantity of the drug
- Whether it was for personal use or possession with intent to distribute
- Any prior convictions
- Whether firearms or other aggravating factors were involved
Examples include:
- Schedule I drugs: Heroin, LSD, ecstasy (MDMA)
- Schedule II drugs: Cocaine, methamphetamine, oxycodone
- Schedule III–V drugs: Prescription medications, anabolic steroids, some sedatives
Possession of even a small amount of a controlled substance without a valid prescription can result in criminal charges and, in many situations, felony drug charges.
What Are You Being Charged With?
The type of charge you’re facing will shape your defense strategy. The most common categories include:
Simple Possession
This means you had a controlled substance for personal use, not for sale. It’s often charged as a misdemeanor but can rise to a felony depending on the substance and amount.
Possession With Intent to Distribute
This charge involves the allegation that you intended to sell or distribute the drug. Indicators include:
- Large quantities of drugs
- Presence of scales, baggies, or cash
- Text messages or surveillance
Possession with intent charges in Colorado is far more serious and can lead to years of incarceration and mandatory sentencing if convicted.
Legal Defenses to Drug Possession Charges in Colorado Springs
If you’re facing a drug charge, you have legal rights and several potential defenses that can be used to weaken or dismiss the case against you. Below are the most common and effective defense strategies.
Unlawful Search and Seizure (Illegal Search Defense)
One of the most powerful defenses in a drug case is challenging how the evidence was obtained. Under the Fourth Amendment, law enforcement must have a valid warrant, consent, or probable cause to search your person, home, or vehicle.
Any drugs found may be inadmissible in court, and your case could be dismissed if police did the following:
- Searched your vehicle without consent or probable cause
- Entered your home without a warrant or exigent circumstances
- Searched you during an unlawful stop or detention
Lack of Possession
In some cases, the prosecution can’t prove that the drugs actually belonged to you or that you knew they were there. For example:
- Drugs found in a shared car or home
- Drugs planted or left behind by someone else
- You were unaware of drugs in your backpack or luggage
Possession must be knowing and intentional. If there’s doubt, your lawyer can challenge the element of possession.
Mistaken Identity or Entrapment
Sometimes, defendants are wrongly identified during an investigation or sting operation. In other cases, undercover officers may go too far in persuading someone to commit a crime they wouldn’t otherwise commit—known as entrapment—which can be a complete defense.
Lack of Intent (for Distribution Charges)
If you’re facing possession with intent charges, your defense may involve proving that:
- The drugs were for personal use, not sale
- You didn’t have any tools or communication indicating distribution
- There’s no evidence of repeated transactions
Reducing a felony intent charge to simple possession can dramatically lessen the penalties.
Diversion Programs and Treatment Options
If this is your first offense or you struggle with addiction, you may qualify for pretrial diversion, a deferred judgment, or treatment programs instead of jail time. These alternatives can lead to charges being dropped upon successful completion.
Understanding Felony Drug Charges in Colorado
In Colorado, felony drug charges are classified from Level 1 (most serious) to Level 4. For example:
- Level 1 Felony: Distribution of large quantities of Schedule I or II drugs; potential for 8 to 32 years in prison.
- Level 2 Felony: Distribution with aggravating factors; possible 4 to 8 years in prison.
- Level 4 Felony: Simple possession of certain substances in larger amounts.
The outcome of a felony case depends heavily on your criminal history, the facts of the case, and how early and aggressively your defense begins.
Why You Need a Criminal Defense Lawyer for a Drug Case
Facing a drug charge alone puts you at a severe disadvantage. A skilled Colorado Springs drug crime defense lawyer knows how to:
- Review the arrest for constitutional violations
- Suppress unlawfully obtained evidence
- Negotiate with prosecutors to reduce charges
- Represent you in court and, if needed, at trial
- Fight for diversion, rehab, or a reduced sentence
At The Bussey Law Firm, P.C., we are not a “plea mill.” We thoroughly investigate every angle of your case and aggressively protect your rights.
Our founding attorney, Timothy Bussey, is a former prosecutor and a nationally published authority in criminal law who has won cases in both trial courts and the Colorado Supreme Court. He is one of only two lawyers in Colorado to hold the ACS Forensic Lawyer-Scientist designation, giving him unique insight into the scientific evidence in drug cases.
Your Future Is at Stake
Drug charges can follow you for years. A conviction could:
- Cost you job opportunities
- Affect custody or immigration status
- Lead to license suspension
- Permanently impact your record
But you do not have to accept the worst-case scenario. Whether you’ve been charged with simple possession or possession with intent, the earlier you involve a lawyer, the better your chances of a favorable outcome.
Speak With an Experienced Drug Possession Defense Lawyer in Colorado Springs
At The Bussey Law Firm, P.C., we understand what’s at stake when you’re charged with a drug offense. We’ve built a reputation throughout Colorado Springs for crafting successful, personalized defense strategies in high-stakes cases.
With over 30 years of legal experience and a track record of victories, we are ready to stand by you and fight for your future. Call us today at (719) 475-2555 to schedule your free consultation. You deserve a Colorado Springs criminal defense attorney who knows the law, knows the science, and knows how to win.
