Colorado Fentanyl Possession Laws: Charges, Penalties, and Enhanced Sentencing Risks
August 24, 2026
After watching this video, contact Denver DUI Lawyer Jacob E. Martinez today to discuss your Colorado DUI case.[...]
Recently, in Douglas County court, Denver DUI attorney Jacob E. Martinez secured a non-alcohol-related plea in a DUI case where the client had a BAC of .11. Normally, in a case with such a BAC, the Douglas County District Attorney extends a Driving While Ability Impaired (DWAI) offer. Such an offer carries with it an eight point driver’s license assessment and county court consequences such as probation and community service. However, Mr. Martinez identified a vulnerability in the prosecution’s case. [...]
Recently, in Wheat Ridge Municipal Court, Mr. Martinez achieved dismissal of all counts in a case involving a physical altercation. Through investigation, it was revealed that the client was in fact the victim in the altercation – not the perpetrator. Mr. Martinez presented the fruits of the investigation to the prosecutor, who in turn dismissed the case. Because Mr. Martinez’s client’s case was completely dismissed, the client is eligible to seal all records associated with the case, as if it [...]
Recently, in Golden Municipal Court, Mr. Martinez achieved dismissal of all counts in a case where the client was charged with destruction of property and trespass. Mr. Martinez successfully argued that the destruction of property count was invalid because the client’s conduct did not satisfy the legal standard of complicity – which, when validly implemented, allows an individual to be convicted for an act another commits when the individual helps plan, execute, or conceal the offense. Mr. Martinez also successfully [...]
In Jefferson County, Denver DUI attorney Jacob E. Martinez achieved a dismissal of all counts against a local doctor in a DUI case. Mr. Martinez identified and utilized the defense of involuntary intoxication to achieve dismissal. Pursuant to Colorado Revised Statutes § 18-1-804(3),(4), “[a] person is not criminally responsible for his conduct if, by reason of intoxication that is not self-induced at the time he acts, he lacks capacity to conform his conduct to the requirements of the law.” Because [...]
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 [...]