Arrested for Drug Possession in Colorado Springs?
About Possession Charges
In the state of Colorado, possession of an illegal or controlled substance can be charged as a drug crime. The offense is taken very seriously, and whether a law enforcement officer found you in ownership of an illegal substance or simply holding an illegal substance, they are at liberty to make an arrest on charges of a drug offense. In essence, any amount of a controlled substance that is found in your possession or on your person can – and very likely will – be cause for police intervention.
If you were arrested and charged with drug possession in the state of Colorado, it is critical to your future wellbeing that you immediately align with a criminal defense attorney at Clawson & Clawson, LLP.
After an arrest, you will be facing the legal stipulations imposed by both state and federal laws, making your need for an aggressive lawyer all the more crucial at this time. With an attorney on your side, the circumstances of the arrest can be challenged; specifically, the schedule of the drug in your possession and the degree of the offense must be addressed and defended against in court.
DEA Drug Schedules
The United States Drug Enforcement Administration (DEA) classifies drugs into five different categories that are now commonly referred to as "schedules." The schedule in which a drug is categorized is the primary factor used to determine the severity of a drug-related offense, and this includes crimes related to possession charges. As defined by the DEA, the drug schedules are as follows:
Drugs that fall under this category are considered to be the most dangerous of all controlled substances due to their potential to cause intense physical and / or psychological dependence. Some of the drugs that fall under this category are LSD, ecstasy, heroin, peyote, and marijuana.
Drugs that fall under this category are believed to have a high potential for abuse; however, they display less potential than Schedule I drugs. Schedule II drugs can also result in severe physical and / or psychological dependence. Some of the drugs that fall under this category are OxyContin, cocaine, Adderall, Ritalin, methamphetamine, Dexedrine, and fentanyl.
Drugs that fall under this category exhibit a moderate to low potential for physical and / or psychological dependence. Some of the drugs that fall under this category are Tylenol with codeine (less than 90 mg per dose), anabolic steroids, Vicodin (combination products with less than 15 mg of hydrocodone per dose), and ketamine.
Drugs that fall under this category have been identified as substances that have a low potential for abuse, as well as a low risk of dependence among users. Some of the drugs that fall under this category are Ambien, Xanax, Darvocet, Soma, Darvon, Activan, and Talwin.
Drugs that fall under this category are defined as having the lowest potential for abuse. Drug preparations that fall into this category contain only limited quantities of certain narcotics and are generally used as an antitussive, antidiarrheal, and analgesic medications. Some drugs that fall under this category are Lyrica, Robitussin (with less than 200 mg of codeine per 100 ml), Parepectolin, Lomotil, and Motofen.
Avoiding Penalties for Possession in Colorado Springs
In 1986, federal lawmakers enacted guidelines that outlined the minimum sentencing requirements for drug offenses in the U.S. Now, fixed sentences are issued based upon several different factors, including the type of drug, the amount of the drug, and the number of prior convictions of the defendant who was arrested. Penalties for a simple possession offense can result in fines ranging from $100 all the way to thousands of dollars; from a few days in jail to several years in the state prison system. The penalties for more serious offenses can be much harsher.
No matter what type of drug was found in your possession, and no matter the amount found in your possession, there is absolutely no argument for waiving your right to legal representation after an arrest. In fact, doing so could severely jeopardize your ability to escape conviction or benefit from reduced sentencing.
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