Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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If you are under 18 years old and get arrested for drug possession in Colorado, you will be prosecuted in Juvenile Court. Instead of facing criminal convictions like adults would, you instead face delinquency proceedings.
The majority of juvie drug cases resolve through a plea bargain, though you have the right to a trial – called an adjudicatory hearing in juvenile court. If you are found delinquent (either by taking a plea or losing a hearing), the court can impose the following penalties depending on the seriousness of your case and juvie record:
Juvenile Court is geared more towards rehabilitation rather than punishment. So for a first drug offense, you will likely avoid juvenile detention as long as you complete the other sentencing terms.1
If you are at least 18 years old and get arrested for controlled substance possession in Colorado, you will be prosecuted in criminal court and face the same penalties as adults 21 and older – with one exception involving marijuana.
Colorado law permits the recreational possession of up to two ounces of marijuana for adults 21 and older.2 If you are 18, 19, or 20 years old and caught with up to two ounces of marijuana, you can be convicted of being a “minor in possession” (MIP).
Minor in possession is only a petty offense and carries no jail. Instead, the judge can impose:
For all other controlled substance possession cases, the criminal sentence depends on the specific narcotics:
Colorado drug possession crime |
Penalties if you are 18 years old or older |
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Level 1 drug misdemeanorYou will typically receive:
Though the court has the discretion to impose:
Note that a 4th or subsequent offense is a level 4 drug felony, carrying 6 – 12 months in prison and/or $1,000 – $100,000 in fines. |
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Level 4 drug felony
Certain level 4 drug felonies are wobblers that get reduced to level 1 drug misdemeanors if you complete probation.* Note that prison can instead last 1 – 2 years if there are aggravating circumstances, such as:
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Any substance that is more than 60% fentanyl, carfentanil, or benzimidazole opiate. |
Level 2 drug felony
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*You may be ineligible for probation if you have two or more prior felony convictions.4 |
Whether you are being prosecuted in juvenile court or adult criminal court, having any kind of controlled substance case on your record will disqualify you from countless educational and employment opportunities.
I have defended literally thousands of young adults charged with narcotics possession in Colorado, and I have a long track record of persuading prosecutors to reduce or even dismiss these cases completely so your record can be cleared right away.
In my experience, the five most effective defenses to drug possession/minor in possession charges are:
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.