Drug Charges – Opioids, Cocaine, Heroin, Meth, Fentanyl, and Other Drugs 

Prosecutors often look to make their reputations by on being hard on crime. This is especially true with drug offenses. As a result, prosecutors can often seek harsher penalties in drug cases.

If You’ve Been Charged with a Drug Crime, Please Call Me

I will fight to get you the best outcome possible after fully studying the facts and circumstances of your charge.

I offer a free consultation, fixed-fees for all my clients, and accept credit card payments for legal fees.

As a Colorado Springs drug offense lawyer, I am relentless in fighting the prosecution’s effort to convict or seek harsh punishments.  My goal for each of my clients is the best possible outcome for their case.

If you or a family member has been charged with a drug crime, call me at your earliest convenience.

I offer a free consultation so that you can meet me and learn about how I and my firm can represent you without any cost to you. During out meeting, we will discuss your case and I will be happy to advise you what I believe your best options are.

About My Experience 

Over the course of the past decade I’ve been a federal prosecutor, as well as a criminal defense attorney (including being ranked as the worldwide #4 Trial Defense Counsel and the #1 Appellate Defense Counsel in the United States Air Force). During this time, I’ve represented more than 1,500 clients in virtually all types of criminal matters, including drug offenses, white collar crimes, assaults, and sex crimes. I have also represented clients in more than 150 appeals, including appeals before the United States Supreme Court, and have advised other counsel and a federal chief judge in 1000+ cases.

If you retain me, I personally handle all aspects of your matter.  Your case will not be delegated to a junior attorney.

What are the Penalties in Colorado for Drug Possession? 

Like most states, the potential penalties for drug possession in Colorado depend upon the type and amount of the drug in question.

With respect to the type of drug, Colorado has adopted “Schedules” for different types of drugs; these schedules are similar to those adopted by the federal government.[1]  A “Schedule” is simply a list of drugs that fall into different groups, with chemically similar types of drugs usually being included in the same grouping or schedule.

With respect to the amount of drug, the schedules and potential punishments vary, as very small amounts of certain types of drugs can result in harsher penalties than a larger amount of another type of drug.  In general, drugs that are believed to cause more severe damage in a lower amount will have greater penalties than drugs that require a greater amount for serious damage.

Once I know the exact nature of a drug charge, I can advise you regarding the potential penalties possible. Importantly, when I know about the facts and circumstances concerning the charge, I can also advise you about the various courses of action available, which can include seeking dismissal, seeking reduced charges, fighting the charge at trial, and/or seeking a plea bargain.

What is a “Wobbler”?

A “wobbler” is a felony charge that can be converted to a misdemeanor upon the successful completion of probation or community corrections.  Knowing which crimes wobblers apply to is often critical in negotiating the best possible deal.  To learn more about the qualifications for wobbler-eligible crimes, please see this article.

Depending upon the facts of a case, it may make sense to seek a favorable “wobbler” plea bargain, rather than risk trial.  At the outset of representation, however, my focus is always on seeking a basis for complete dismissal (such as the exclusion of critical prosecution evidence).  Put simply, a plea bargain usually should not be considered until other avenues have been exhausted and all of the risks and your goals for the case have been examined. 

The Opioid Epidemic and Colorado

While I represent clients charged with all types of drug crimes, a particular concern to law enforcement in many states, including Colorado, is the explosion in opioid abuse, and how many otherwise law-abiding citizens have become addicted to opioids that were first legally prescribed by doctors.

The opioid epidemic has spread throughout our nation, leaving almost no town untouched. In 2012, it was estimated that over 2 million people in the United States suffered from substance abuse associated with prescription opioids. [2] In a 2015 study, it was found that nearly 92 million adults in the United States (about 30% of the population) took an opioid (like Percocet or OxyContin) through a valid prescription.

In 2017, the US Centers for Disease Control and Prevention announced that on average, 91 people die every day from an opioid overdose, and that more than 33,000 people died from opioids in 2015.[3]

Common opioids include:

  • codeine
  • fentanyl (Actiq, Duragesic, Fentora)
  • hydrocodone (Hysingla ER, Zohydro ER)
  • hydrocodone/acetaminophen (Lorcet, Lortab, Norco, Vicodin)
  • hydromorphone (Dilaudid, Exalgo)
  • meperidine (Demerol)
  • methadone (Dolophine, Methadose)
  • morphine (Astramorph, Avinza, Kadian, MS Contin, Ora-Morph SR)
  • oxycodone (OxyContin, Oxecta, Roxicodone)
  • oxycodone and acetaminophen (Percocet, Endocet, Roxicet)
  • oxycodone and naloxone (Targiniq ER)

Studies have shown that opioids are hundreds of times more addictive than heroin. The vast majority of those addicted to opioids became addicted through legal prescriptions for some form of chronic pain relief.

I have personally seen this while serving in the military.

And those addicted to opioids are usually good people who have been caught up in a terrible addiction, often as the result of the prescription drug industry and unsuspecting physicians. I work hard to fight on behalf of those charged with opioid offenses and seek for them diversion programs instead of incarceration.

_____________

[1] See C.R.S. 18-18-203 – 18-18-207 for a list of scheduled drugs.

[2] Substance Abuse and Mental Health Services Administration, Results from the 2012 National Survey on Drug Use and Health: Summary of National Findings, NSDUH Series H-46, HHS Publication No. (SMA) 13-4795. Rockville, MD: Substance Abuse and Mental Health Services Administration, 2013.

[3] //www.cnn.com/2017/06/29/health/opioid-addiction-rates-increase-500/index.html