February 2, 2023
Possession with the intent to distribute is a serious drug charge in Colorado, even with the state’s progress toward drug legalization and decriminalization.
It’s important for every citizen to understand not only what charges of possession with intent to distribute mean but also what steps to take when you’re arrested for this crime. Read on to find out all about this drug crime in Colorado and what you should do if you’re arrested.
What Is Possession with Intent to Distribute in Colorado?
Colorado has legalized or decriminalized having small amounts of certain controlled substances in your possession. However, if you possess a larger drug quantity, you can still be charged with possession with the intent to distribute.
How is this charge levied? If the state believes you had that amount and meant to sell it, they can charge you. Often, this occurs when someone is caught with additional drug-selling paraphernalia such as scales, plastic baggies, or other items.
Being charged with possession with the intent to distribute carries severe penalties that can have a large impact on your future. You can face anywhere from four years to 32 years in prison if found guilty, depending on the schedule of the drugs in your possession and the amount.
What You Should Do If Arrested in Colorado for Possession with Intent
Make Sure You Understand the Charges
Find out the nature of the charges against you, including what you are being charged with. Oftentimes, a person charged with possession with the intent to distribute may also be charged with other crimes, such as the manufacture of controlled substances or driving under the influence if you were pulled over.
You have the right to remain silent and should use it. Of course, you must provide your identity to the police, but you are not obligated to answer questions without a lawyer present. If you are suspected of drug crimes, remaining silent is important, as is refusing searches done on your person or property without a warrant.
Get a Lawyer
Ask for a criminal defense lawyer as soon as you are arrested. Make sure to find a local lawyer who specializes in Colorado drug crimes, since they will be familiar with the laws as well as the area police and courts.
Law enforcement officers are not obligated to help you find an attorney, so if you’re not sure who to contact, call and ask a loved one to help. While you’re waiting for a lawyer to arrive, make sure to remain silent.
Don’t Have Drugs
If you are released on bail, you should follow its conditions faithfully. Do not associate with those who are using drugs while out on bail, and don’t have drugs in your possession. Also, keep your job and follow the law.
This will put you in a better position when you go to court to face your charges. If you are struggling with drug abuse or addiction, finding treatment can also be a positive for you when you go to court, so talk to your lawyer about it.
About the Author:
Denver-based criminal defense and DUI attorney Jacob E. Martinez is a knowledgeable and experienced litigator with a record of success providing innovative solutions to clients facing criminal charges of any severity. Countless legal organizations have recognized Mr. Martinez for his exemplary defense work, including Avvo, Best DWI Attorneys, Expertise, Lawyers of Distinction, The National Trial Lawyers, and others. He was also named one of the 10 Best in Client Satisfaction in Colorado by the American Institute of Criminal Law Attorneys for 2020 and is Lead Counsel rated