Penalties for Possession of a Controlled Substance in Colorado

According to the criminal laws in the USA, it is illegal to own or possess certain drugs and narcotic substances which are frequently referred to as the “controlled substances”. Be it heroin, marijuana or some other kind of regulated substance, being in possession of such drugs is considered a crime under the state and federal laws of USA. Possessing illegal or controlled substances is a major crime in USA, with a large portion of the criminal cases attributed to any area within the country. While many people believe the frequency of such cases make drug possession a small offense, being charged with it can actually lead to major consequences. 

There are a number of drugs and narcotic substances that are listed by state and federal government as controlled substances. Controlled substances are referred to in this way as these drugs are only available through a valid medical prescription. Based on the Controlled Substances Act of 21 U.S.C.A. Section 801, there are five different schedules of drugs from I to V, with the deadliest drugs being grouped under Schedule I and Schedule V consisting of the least dangerous ones. Ownership of a controlled substance is deemed illegal by the federal and state laws, and if a person is convicted with the charge he or she may have to undergo the penalties associated with it as ordered by the court.        

Drug Law Colorado

The division of CDS (controlled dangerous substances) into the five schedules has been illustrated below:

• Schedule I include drugs like heroine and synthetic opiates which are more open to abuse, have got no accepted or definite medical application, or are deemed unsafe for being used in medical treatment even under supervision.
• The Schedule II drugs like opium and its various derivatives also have a very high potential for being abused. They have an accepted form of usage for medical purposes and can lead to severe physical and psychological dependence if abused.
• The Schedule III drugs like anabolic steroids have an abuse potential that is less than the Schedule I or II substances. They have accepted medical usage and can result in high psychological dependence and moderate or low physical dependence when abused.
• The Schedule IV drugs like lorazepam have lower abuse potential than the Schedule III drugs. They also have acceptable medical usage and can result in limited physical and psychological dependence compared to the Schedule III drugs.
• The Schedule V drugs are least dangerous of all. They also have the lowest abuse potential, accepted medical usage, and may lead to only a very limited psychological or physical dependence. The Schedule V drugs include medicines which have very small portions of narcotic substances specified under Colorado Stat. Ann. Section 18-18-203 to 18-18-207.

The penalties for illegal possession of these drugs depend on type of drug involved and the specific amount. Primarily, three different types of CDS possession cases are listed, namely, petty offenses, misdemeanors and felonies.  

Petty offenses

 

Petty offenses are said to be the least serious controlled dangerous substances (CDS) possession crime. These are again divided into 2 classes. The Class 1 cases include petty offense possessions and are punishable by monetary fine whose amount depends on the section to which the offense correlates.

Misdemeanors

Misdemeanors are less serious crimes than the felonies and are divided into 3 classes. Class 1 and Class 2 relate to misdemeanor possession crimes. 

·        Class 1 misdemeanors – These are punishable by 6 to 18 months of incarceration or a monetary fine whose amount can be anywhere between $600 and $5000, or both.

·       Class 2 misdemeanors – These are punishable by 3 months to a year of incarceration or a fine of $250 to $1000, or both.

Felonies 

According to Colorado laws, drug-based felonies are divided into six classes. The Class 1 felonies are said to be the most serious of all and the Class 6 felony cases are least serious. All cases pertaining to possession of CDS for personal usage are classified Class 4, 5, or 6 felonies.

·    Class 4 felonies – These are punishable by 2 to 6 years of incarceration or a fine of $2000 to $500000, or both.

·    Class 5 felonies – These are punishable by 1 to 4 years of incarceration or a fine of $1000 to $100000, or both.

·     Class 6 felonies – These are punishable by 1 to 2 years of incarceration or a fine of $1000 to $100000, or both.

  

Felony possession of controlled dangerous substances

Other than marijuana, all crimes pertaining to possession of CDS are felonies. The class of crime depends on the amount and type of CDS possessed by the defendant. 

• Possession of 4 grams or less of some substance containing any amount of ketamine, flunitrazepam, or any other form of Schedule I/Schedule II drugs is considered a Class 6 felony.
• Possession of more than 4 grams or less of some substance containing any amount of ketamine, flunitrazepam or some other type of Schedule I/Schedule II drugs is considered a Class 4 felony.
•  Possession of 2 grams or less of a substance that has any quantity of methamphetamines is considered a Class 6 felony.
• Possession of two grams or more of any substance that contains any amount of methamphetamines is a Class 4 felony.
• Possession or 12 ounces of marijuana or more is considered a Class 6 felony.
• Possession of 3 ounces of marijuana concentrate or more is considered a Class 6 felony.

Misdemeanor Possession of controlled dangerous substances 

Possessing any substance containing any amount of Schedule III, IV, or V drugs, other than ketamine or flunitrazepam is considered Class I misdemeanor.

Medical Marijuana

While the use of medical marijuana prescribed by a doctor as a treatment for some ailment is legal, the unlawful usage of another individual’s marijuana is not. Such cases are classified under Class 1 misdemeanors.

Possession of marijuana substance within a detention facility

Possessing up to 8 ounces of marijuana in a detention center is considered a Class 6 felony. Any subsequent conviction involving more than an ounce of marijuana is treated as a Class 5 felony.

Drug Paraphernalia

Possessing drug paraphernalia is considered as a Class 2 petty offense that is punishable by a $100 fine.

Synthetic Cannabinoid/Salvia Divinorum

If a person is convicted for the possession of any quantity of synthetic cannabinoid/salvia divinorum (psychoactive plant known for producing hallucinatory experiences) for personal use, it is considered as a Class 2 misdemeanor. 

Using toxic vapors for intoxication is a type of Class 1 petty offense. The various types of toxic vapors include: 

  

·         Hexane

·         Acetone

·         Benzene 

·         Isopropyl alcohol

Habitual Offenders

Defendants having numerous felony convictions for CDS possession face severely harsh punishment. The class 6 felonies are exempted from the habitual offender's enhanced penalties. 

Two or additional prior convictions

If a defendant has two or more felony priors from Colorado or any other state, is punishable with incarceration for three times of maximum penalty of the underlying condition when a third felony is acted out within a 10-year period.  

Three or additional prior convictions 

If a defendant already has 3 or more felony priors either from Colorado or some another state, and is convicted with a 4th one within a 10-year period, then he or she is punishable with four times the incarceration for what is maximum for that underlying conviction.  

If you want to defend Colorado controlled substance charge, then you will definitely need the assistance of a professional attorney who has enough experience in handling drug-related cases. Convictions for CDS possessions can lead to lifelong consequences and a drug defense lawyer who is skilled at handling these types of cases can help you to understand the charges that you are facing, whether you have any means of defending yourself or the options that you have in your hands as well as the possible outcome of your case.  

 

 

Read More

Traffic Ticket Facts and FAQs Colorado

The State of Colorado has strict rules when it comes to traffic ticket regulations. An individual may be given a traffic ticket in case he or she breaks the mandatory laws associated with traffic rules as set in Colorado. 

A person may be given a traffic ticket for a number of reasons. These can include driving the vehicle under the influence of alcohol or drugs. Alternatively, you might be simply an unskilled driver who needs to take more driving classes. If you have been charged with a DUI case, a Denver or Arapahoe County DUI attorney can help you with your legal and court proceedings. For a more detailed knowledge about traffic ticket case in Colorado, check out the following Facts and FAQs section. 

How does getting traffic ticket influence the points on my Colorado driving record?   

In case you are found guilty or you plead guilty, the points are going to be added to your individual driving record. The total number of points added to your record will depend on the severity or intensity of the infraction. 

 

Can I request for jury trial in a traffic court?

If you have been charged with any infraction, you cannot put a request for a jury trial. On the other hand, if you have been charged with traffic offenses, then you have the option of submitting a request for a jury trial. 

Can someone else represent me or appear for me in the court?

An attorney licensed to practice law in Colorado State can only appear for you in the court. However, some courts may make it mandatory for you to appear on the court, depending on their own clauses. You can inquire with a presiding court to know more about this. 

If I am a minor (i.e. 17 years of age or below) and receive a traffic ticket for appearing in court, do I need to be accompanied by a legal guardian or parent?

Yes, as Colorado law makes it mandatory that any minor should be accompanied to the court by a parent or a legal guardian.

Are the traffic fines same in all parts of Colorado?

The fines can vary greatly depending on the town, county or court and the judge has the final word on this. 

How many points does it take the state to suspend my driver's license?

The following lists the points required for a driver's license suspension:

Minor drivers under 18 years of age:

•  6 points in 12 months
•    7 or more points for the validity period of a Colorado driver's license

Minor drivers between the ages of 18-21 years:

 

•  9 points in 12 months
• 12 points in 24 months
• 14 points within the validity period of a license

Adult drivers aged 21 years or older

•   12 points in 12 months
•  18 points in 24 months

If you want to appear in the court of law and challenge your ticket, you need to hire the assistance of a traffic lawyer in DownTown Denver Colorado. Traffic Ticket Attorneys are well aware of the various traffic laws in the State of Colorado and can offer you the right guidance for getting your charges reduced or revoked. 

Image Source:- Memphisflyer

Read More

What is the Effect of Pleading Guilty in Colorado for DUI Case?

Have you been charged with DUI offence in Colorado and you are quite certain that you will be convicted by the law? Then you might consider pleading guilty as that will save you a lot of hassles and also the expenses associated with fighting the charge. According to the DUI laws in the state of Colorado, you can be charged with a DUI case if your BAC (blood alcohol content) reading is very high, i.e. .08 or more than that. A reading of 0.11 or 0.20 BAC will definitely get you convicted with a DUI offence. You can also be convicted with a DUI charge if a witness or a police officer testifies to your drunken state or you fail to pass the chemical tests and the sobriety tests, even with a BAC score less than .08.

If you have already decided to plead guilty for a DUI offence, you need the assistance of a professional lawyer who will represent you in the court of law. For this, the best thing for you to do is to get in touch with a law firm in Westminster Colorado that is well acquainted with the DUI Laws in Colorado State. A reputable law firm in Colorado experienced in handling DUI cases can offer you the best legal expertise in every step of the way. 

During your arraignment, you are likely to receive another date of court appearance when you can decide to plead guilty or go for trial. You can also choose to go for trail at this stage, considering the fact that at any time of the trail you can go ahead and plead guilty. If you think that there is a good chance for you to achieve success in the trial, then you can push for a trial instead of pleading guilty. At this stage, the judge might push you for the plea bargain. If you still resist the urge to plead guilty, then you will be asked to explain as to why you think there is a chance for you to win the trial. It is important that you maintain secrecy and discretion in relation to your trial strategy as this can make your case strong against the prosecution.   

  

In case you have already decided to plead guilty, you’re going to receive a form from your attorney or bailiff that practically waives off all your constitutional rights. The form will also contain several disclosures about possible punishments and penalizations. Sometimes a judge might read the details of the form to you in open court just to make you well aware of the various clauses of your case, so that you may not challenge the court later saying that you were not aware of your rights. 

You will be convicted of the DUI offence after you’ve pleaded guilty and the necessary laws will be applied to your case. It is very difficult to withdraw a guilty plea once you have confirmed to it, so it is important that you are very sure of what you are doing in relation to your particular case. A private DUI attorney who is handling your case can help you to make sure that everything about your case is in the right order.  

Read More

Felony Crime by Class & Sentences in the State of Colorado

Like all other states in USA, Colorado divided various crimes into misdemeanors and felonies. The felonies are considered more serious and are punishable by the prison terms of the state for a period of one year or even more. The misdemeanors are lesser crimes that are punishable by the local or county jail terms for a period of up to eighteen months.

Felony cases in Colorado can be designated under the classes between 1 and 6. Some felony cases remain unclassified in Colorado. In such cases, the sentence is decided according to the criminal statute. In cases where no penalty is fixed, the felony can be punishable by up to 5 years in prison as well as a monetary fine that can go up to $100000. 

The Colorado criminal code penalties have significantly changed over time. For this reason, if you or someone you know faces a criminal change, then he or she is advised to get in touch with a criminal defense attorney in Denver Colorado who is well versed with the latest models of criminal laws. The following criminal sentences discussed below are applicable to crimes that have been committed after July 1st, 1993.

Class 1 Felonies

The most serious or heinous crimes committed in the Colorado fall under the scope of Class 1 felonies, and are punishable by a life imprisonment sentence or death penalty. A first degree murder is a common example of class 1 felony. (Colo. Rev. Stat. § 18-1.3-401.)

Class 2 Felonies

According to Colorado laws, the Class 2 felonies are punishable by 8 to 24 years prison sentence as well as a fine of $5000 to $1000000. A common example of class 2 felony is a 2nd conviction for selling different types of Schedule I or II drugs. (Colo. Rev. Stat. § 18-1.3-401.)  

Class 3 Felonies

If a person is convicted of class 3 felony, he or she might face a prison sentence of 4 to 12 years as well as a monetary fine of $3000 to $750000. Patronizing prostituted children is considered a class 3 felony act. (Colo. Rev. Stat. § 18-1.3-401.)   

Class 4 Felonies

Class 4 felonies can be punishable by up to 2 to 6 years of imprisonment as well as a monetary fine of $2000 to $500000. Sexual assault cases generally fall under the scope of class 4 felony. (Colo. Rev. Stat. § 18-1.3-401.)

Class 5 Felonies

For all class 5 felony convictions, Colorado laws impose a prison sentence of up to 1 to 3 years as well as a monetary fine of up to $1000 to $100000. Theft of property is a common example of class 5 felony. (Colo. Rev. Stat. § 18-1.3-401.)

Class 6 Felonies     

Class 6 felony acts are least serious felonies, according to Colorado law, and can be punishable by 1 year to 18 months in the prison and a monetary fine of $1000 to $100000. Possessing of up to 2 grams of methamphetamine can be treated as an instance of class 6 felony. (Colo. Rev. Stat. § 18-1.3-401.). View in detail Colorado criminal sentencing guidelines.

Read More

What are the Penalties for Domestic Violence Crimes in Colorado?

According to Colorado Law, people are prohibited to carry out physical actions of violence against other people or properties under certain circumstances. In order for a particular act to actually qualify as crime of domestic violence, there should be intimate relationship between an aggressor and a victim, as defined by the statute.  

Definition of domestic violence 

Colorado Law defines domestic violence as a threat or actual act of violence against an individual with whom the dominant or aggressor individual has or had a close, intimate relationship. The scope of domestic violence also includes other crimes or municipal ordinance violations that are committed against any third party or any property with the intention of control, coercion, punishment, revenge or intimidation directed at an individual with whom an aggressor has or had a close, intimate relationship. For instance, a person who damages personal property of an ex-spouse as a form of intimidation is guilty of carry out a crime that involves domestic violence. 

A crime can be classified under domestic violence only when there is an intimate relationship between two individuals. An intimate relationship can be defined under the following terms:

•   Former or current spouses;
• Former or current unmarried couples;
• Parents of same child whether or not they were ever married or stayed under the same roof    

Behaviors that qualify as domestic violence

There are different kinds of behaviors that qualify as domestic violence. These include the following:

 •    Calling names;
•    Throwing things;
•    Damaging property;
•    Forcing sexual contact;
•    Causing physically harm;
•    Threatening to use weapons;
•    Following or stalking behavior;
•    Imposing threat to pets or animals;
•    Harassing or threatening phone calls;
•    Abuser threatening to self-abuse or self-injure;
•    Threatening to sexually or physically abuse children;
•    Sexually or physically abusing children within the household;
•    Forcing the victim to stay within a closet, house, room, or some other location against will 

What is a domestic abuse protective order?

To prevent instances of domestic abuse from occurring, a civil protective order is issued by a county, district, juvenile, municipal or probate court. A protective order can restrain a defendant from threatening, harming or getting into physical contact with a protected person.

   

Penalties associated with domestic violence convictions 

Domestic violence is not regarded as a separate type of offense from underlying violence act. When a court finds a defendant guilty of domestic violence, the defendant will be sentenced by the court for the offense. However, the defendant will also be required to attend a domestic violence treatment program as well as receive evaluation for the treatment.   

Importance of hiring a domestic violence lawyer

There are various aspects of Colorado domestic violence law that you may not be fully aware of. For this reason, it is always advisable to get in touch with a professional domestic violence lawyer in Denver who can advice you on your rights and legal options. So whether you are accused of or have experienced domestic violence, a criminal defense attorney with experience in handling similar cases can help you out with your needs.

Image Source :- copeoflebanon

Read More

Domestic Violence Facts and FAQs

Domestic violence is something that occurs more commonly than one might think. A variety of factors can be held responsible for them. In times of vulnerability, an individual might react aggressively based on unresolved emotions, or might feel provoked due to other circumstances. Violent behavior can also ensue from a need to defend oneself against a perceived threat. There can also be accidents or instances of unintended injuries. In such circumstances, one might feel the need to seek assault defense assistance from a professional legal practitioner. However, you also need to be aware of the various aspects that are associated with assault cases. So let's have a look at some of the most common FAQs regarding domestic violence.

Domestic Violence Facts & FAQs

What can be defined as domestic violence?  

Domestic violence can be defined as a form of abusive behavior that is used by a partner to exert control over the other within a close relationship. In more than 90% of all cases, the victims of domestic violence are women. There can be a number of ways in which domestic violence can occur. These include sexual assault, physical violence, economic control, emotional/psychological abuse or a combination of two or more of the factors presented here. It is a major crime that affects hundreds and thousands of people within the United States each day. Since the abusers make it difficult for the victims to quit these relationships, quite often the victims of domestic violence suffer for many years at the hands of their batterers. 

How can you tell that you are the victim of domestic abuse?

Abusers use a number of ways to intimidate, isolate and have power over their partners. The whole process of abuse may begin insidiously and become difficult to recognize. Your partner might seem generous and attentive at first, but later may show signs of over protectiveness, which then may gradually progress to frightening levels. This behavior is often explained by stating causes such as stress or other factors. 

Why victims often stay within abusive relationships?

It is often a difficult question to answer and might involve a number of complicated factors. The most probable cause for this is fear. The fear of being killed or injured by their partners often forces many women to stay in abusive relationships. Other factors that might make victims stay with abusive partners include economic dependence, a feeling of isolation, children, shame, guilt, previous failures of the legal system to respond, and societal and/or religious pressures. Abusers also strive hard to make sure that their victimized partners stay. Victims often have expectations for their partners to change, which make them stay in their relationships even if things go downhill. 

What are the various warning signs that are associated with an abusive relationship? 

The common warning signs of an abusive relationship include physical injury, fits of jealousy, threats, forced sex, economic control, stalking behavior outside home, criticism, spells of anger, threats of social alienation, etc.    

If you are looking for a domestic violence lawyer in Denver, then there are a number of reputable legal advisers that you can consult with.

Read More

DUI Laws in Colorado Explained

The State of Colorado has strict laws when it comes to Driving under the Influence of Alcohol or Drugs (DUI) or Driving While Ability is Impaired (DWAI). The laws in Colorado in relation to DUI are similar to the DUI laws present in other states of the USA; however, the State of Colorado also observes a DWAI law that considers it illegal to drive with a lower BAC (blood alcohol concentration) level that’s lower than the majority of the states. If you have been charged with a DUI, DWAI or DUID (Driving under the Influence of Drugs) allegation, then it is important that you become well acquainted with the DUI laws in Colorado. Only a registered law firm in Denver can provide you with all the information that you need about DUI laws. Here is a detailed description of the different laws that are in practice in Colorado in relation to DUI cases.

DUI Laws Colorado 

What are the BAC Limits in Colorado?

BAC limits or blood alcohol concentration limits in Colorado for individuals over the age of 21 is 0.08%. For a person under the age of 21 years, the limit is 0.02%. The BAC limit for the DWAI cases is 0.05%

The Penalties for DWAI and DUI cases

DWAI First Offense: For a DWAI first offense, an individual can be fined anywhere between $200 and $500; gain 8 points toward a license suspension; and may need to perform community service for up to 48 hours. Presumptive jail time may vary between 2 days and 6 months if the BAC levels are 0.199% or less and can extend anywhere between 10 days and 1 years if the BAC levels exceed 0.20%. 

DUI First Offense: For a DUI first offense, an individual can have his or her license revoked for 9 months. The person may also need to pay fines anywhere between $600 and $1000 and serve jail time up to 1 year. The individual will also require performing community service up to 96 hours and enroll in alcohol education.

The penalties will increase substantially for each repeated offenses and may even require a person to opt for an ignition interlock device installed in the car. This will help in detecting the presence of alcohol on one’s breath, which, if exceeded a certain limit won’t allow the individual to turn on the car. The person can face penalties in case he or she tries to start the car after that. 

Laws regarding the arrest

A person convicted of DUI or DWAI can be arrested if the person fails the roadside sobriety evaluation which might involve anything from answering numerous questions to standing on a single leg to touching the nose and walking on a straight line. The individual will then be handcuffed and transported to a county or city jail. The vehicle of the individual will be taken by a tow truck and impounded. 

Express consent law in the State of Colorado

The Colorado consent law states that as a driver in Colorado you agree automatically for a chemical evaluation of your breath, blood and urine. In case you refuse to do so, your license can be revoked for a year.

Read More

Stronger Laws Against DUI Rises The Need For A Lawyer

The Denver law implementation system is taking DUI cases quite seriously and making efforts to control them by increasing arrests. Lawmakers are also joining in on the movement by trying to make DUI cases are severe crime. These augmented efforts are subsequent to more DUI custodies. Because of amended more strict laws set in place, it is more essential than ever before for drunk drivers get good legal support to protect their futures.

Driving Under Influence

Colorado law enforcement agencies seem fed up with citizens driving under the influence and so have started taking strong action to decrease the numbers of impaired drivers. A large share of criminal charges are connected to drugs and alcohol, and a good deal of the annually arrests across the country are due to drunk driving or driving while ability impaired.

As a reaction to the huge number of DUI cases in the state, the police has been increasing their efforts to grab drunk drivers by number of patrols and setting up checkpoints. Due to the success of some previous crackdowns, the authorities have started putting more efforts in catching people driving under the influence. Also, now offenders are no longer able to get their charges off after participating in court appointed alcohol programs only. But, now they have to appear in the court against the charges and face trial most of the times.

It is advised to the offenders that appoint Best DUI Lawyer in Downtown Denver to save you from the trouble or the consequences could be serious now, which can even lead to jail time. Increase your chances of acquittal by hiring a Colorado DUI Lawyer at Pisani Law Firm, a DUI defense expert law firm.

Read More

Douglas County Leading Criminal Defense Attorneys

When being accused of any crime, it can certainly be difficult to talk to someone, particularly to a lawyer. There are several individuals who consider it as a waste of time due to the kind of effort desired to get the case resolved, or declined to a grade. That impression can be altered, nevertheless, when individuals get the services of a Douglas county criminal lawyer. They can convince the suspect that the representation will be successful to make him feel comfortable and feel that he is in reliable hands.

It is not just the crowds that are aware of the difficulty of employing a criminal Douglas county attorney; even professionals understand its complexity. Also, the trial is going to be in contradiction of the government, and the state so the defense has to fight against them. They have diverse resources accessible that can be used to assure that the offense pushes through and the offender being sentenced. Though, if one is to take benefit of the most eligible criminal defense attorneys in town, they also have their portion of resources, tools, and other references to stay ahead of the government lawyer and fail their efforts to take the offender away, sooner.

Understanding that at the lawyer he would get such a help, the accused no longer feels more confident and doesn’t hide. This is quite hasty as it just makes problems worse for the person, linking more damages to him and to loved ones. In spite of everything, these days where everything else is cutting-edge from teamwork with diverse divisions and agencies of government to technologies, facing the court is good as there is less doubt, and the Douglas county lawyers are clever to come up with something even as early as the first court trial.

Read More