Drug Possession Charges or Unlawful Possession of a Controlled Substance in Greeley, is a felony and you need a drug charge lawyer who is experienced and can protect your future. Recently in Northeast Colorado a District Attorney, found herself on the other side of the law when she was faced with an indictment on drug possession charges along with others. The investigation and resulting charges followed accusations by an employee who said that she had given her prescription drugs.
What is Unlawful Possession of a Controlled Substance in Weld County? Possession of Drugs
In Weld County, C.R.S. 18-18-403.5 – Unlawful Possession of a Controlled Substance – states:
It is unlawful for a person knowingly to possess a controlled substance:
(1) Except as authorized by part 1 or 3 of article 42.5 of title 12, C.R.S., part 2 of article 80 of title 27, C.R.S., section 18-1-711, section 18-18-428 (1) (b), or part 2 or 3 of this article.
(2) A person who violates subsection (1) of this section by possessing:
(a) Any material, compound, mixture, or preparation that contains any quantity of flunitrazepam, ketamine, cathinones, or a controlled substance listed in schedule I or II of part 2 of this article commits a level 4 drug felony.
(b) (Deleted by amendment, L. 2013.)
(c) Any material, compound, mixture, or preparation that contains any quantity of a controlled substance listed in schedule III, IV, or V of part 2 of this article except flunitrazepam or ketamine commits a level 1 drug misdemeanor.
(3) If the circumstances described in section 18-18-428 (1) (b) occur, the peace officer shall not arrest the person pursuant to this section for any minuscule, residual controlled substance that may be present in the used hypodermic needle or syringe, and the district attorney shall not charge or prosecute the person pursuant to this section for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe. The circumstances described in section 18-18-428 (1) (b) may be used as a factor in a probable cause or reasonable suspicion determination of any criminal offense if the original stop or search was lawful.
Examples of Greeley Unlawful Possession of Controlled Substance or Drugs:
Simply put, if you have been hiking with a bag of Coke in your pack, or at a party with an unprescribed Oxycodone in your pocket, you can be charged in Greeley with Unlawful Possession. If what the coworker said was true and the District Attorney in the above story had a controlled substance from a prescription of another, then that is a reasonable basis for the charges.
Many people in Greeley thinks its no big deal to borrow an Oxycontin, Oxycodone, Hydrocodone or Percocet. Yet just one of these pills can wreck your life in more than one way. Imagine getting arrested and having your name all over the internet for Possession of a Controlled Substance. You could lose your job, your house and the ability to meet your family expenses. The addiction component is real too, as you lose control of the ability to make smart decisions which require your full attention.
What is the Sentence for Unlawful Possession of a Controlled Substance in Greeley, Colorado?
In Greeley, Colorado, the sentence for Unlawful Possession of a Controlled Substance depends on the type of drug involved. For possession of schedule I or II drugs, it is a level 4 drug felony and the sentence is 6 months to 2 years in Colorado State Prison, and $1,000 – $100,000 in fines. For Possession that is a level 1 drug misdemeanor (up until March 1, 2020), the sentence is 6 to 18 months in jail, and $500 – $5,000 in fines. Starting March 1, 2020, the sentence is probation of up to 2 years, possibly 180 days in jail, and up to $1,000 in fines. It’s important to note, that a 3rd or subsequent offense, involves a punishment of up to 364 days in jail.
What is the Colorado Adult Diversion (18-1.3-101 C.R.S.) in Weld County?
The Colorado Adult Diversion Program in Weld County and Colorado is an arrangement through a plea bargain, in which – if you are eligible – you do not have to enter a guilty plea but instead you can participate in treatment and restitution instead of having criminal charges pursued. When you successfully complete the Colorado Adult Diversion Program, you will not have that offense on your record. It is important to have a lawyer who is willing to fight for your future, at your side.
If you have been accused of a drug crime in Weld County or you have been contacted by the police in Greeley or Weld County regarding drug possession, be smart, and exercise your right to remain silent. Contact an experienced Greeley drug defense attorney today at 970-616-6009. Together, we can protect your future.
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