Colorado Fentanyl Possession Laws: Charges, Penalties, and Enhanced Sentencing Risks
August 24, 2026
Recently, in a Jefferson County DUI case, Denver DUI attorney Mr. Martinez negotiated a resolution in which all alcohol-related driving charges were dismissed, and his client was able to enter a plea to Reckless Driving. Mr. Martinez’s client only lost his license for one month, he served no jail or probation, and he was not sentenced to any community service. Most importantly, he was able to avoid having the black mark of what would have been his second impaired driving [...]
Twice in the last year, Denver criminal defense attorney Jacob E. Martinez has had the opportunity and privilege to participate in a local school’s career day as a guest speaker. Strive Preparatory School is a charter school in Denver, serving high-performing yet under-privileged students. The school’s focus is on preparing its students for college while withstanding the unique challenges faced by those in a disadvantaged demographic.
Below is a photograph of Mr. Martinez speaking with students about his career choice [...]
In a Jefferson County DUI case, Denver DUI attorney Jacob E. Martinez achieved a Careless Driving disposition where the client had originally been charged with DUI. In this case, because the client had prior alcohol-related convictions, he was facing a guaranteed jail sentence. However, upon closely analyzing the case, Mr. Martinez identified a significant legal issue.
In Colorado DUI cases, though an individual does not need to be literally driving a vehicle at the time of police contact, they do [...]
In a Summit County DUI case, Denver DUI attorney Jacob E. Martinez successfully argued for the dismissal of the DMV revocation proceeding initiated against his client. In reviewing the documentation the DMV was relying upon in his client’s driver’s license revocation proceeding, Mr. Martinez noticed a discrepancy in the police paperwork. In Colorado, when a breathalyzer is the basis for the BAC result in a DUI case, the defendant needs to be continuously monitored by police for twenty minutes prior [...]
In Larimer County, a client of Mr. Martinez’s was charged with DUI, Minor in Possession of Alcohol, and a minor traffic infraction. After negotiation, Mr. Martinez was able to secure a disposition in which his client pled guilty to only Minor in Possession of Alcohol, and a plea to DWAI was deferred for a period of one year. This resolution will enable the client to avoid the black mark of an alcohol-related driving conviction. Further, the plea avoided the suspension [...]
Colorado fentanyl possession charges can become serious felonies at relatively low weight thresholds. The law focuses on the weight of the material, compound, mixture, or preparation containing fentanyl rather than only the amount of pure fentanyl inside it. That means a small-looking quantity of powder or counterfeit pills can result in a much more serious charge once the substance is tested and weighed.
Weight is only part of the case. What the accused person knew, whether the state can prove [...]
Colorado COCCA charges are racketeering charges used when prosecutors claim a person participated in an enterprise through a pattern of criminal activity. These cases often grow out of drug, theft, burglary, fraud, identity theft, or financial investigations that are later reframed as organized conduct.
A COCCA count is not automatic just because several people were charged together or because prosecutors believe more than one crime occurred. The state must prove specific structural elements, including an enterprise and a pattern of [...]
Most criminal cases in Denver do not end with a jury verdict. They end with a decision: whether to accept a plea agreement, reject the offer, keep negotiating, or prepare for trial. That decision can shape your record, your freedom, your sentence, your probation terms, and your future long after the court date.
A plea bargain is not just “taking a deal.” It is a legal agreement that may involve reduced charges, dismissed counts, sentencing limits, probation terms, restitution, treatment [...]