Being in the possession of illegal
drugs whether on your person or your property is a crime that is punishable
by law. Such offenders can potentially be charged with either a misdemeanor or
a felony depending on the situation. One of the factors that determine whether
or not the crime will be classified as a felony is of course the drug in
question and the amount or quantity found to be in possession.
Certain types of hard core drugs,
according to Denver, CO criminal defense lawyers, such as crack, cocaine,
heroin, and crystal meth, to name a few, will automatically attract a felony
charge. In cases where someone is found to be in possession of a small amount
of marijuana, state prosecutors will not do anything since weed is legal in
this state. Weed being marijuana of course.
Denver criminal defense attorneys also
reiterate that when aggravating factors are involved, an otherwise misdemeanor
charge may very well be escalated or upgraded to a serious felony offense. An
example of an aggravating factor is being in possession of the drug in or
around a school grounds.
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| The game is not rigged. You have access to a Denver criminal defense lawyer right here: http://criminal-defense.usattorneys.com/colorado/. |
Key
Differences
Illegal drug possession is charged and
processed differently in different states, but the main aspects of such cases
remain more or less the same. Let us examine what exactly differentiates a
misdemeanor possession charge and a felony possession charge.
How
are drugs classified?
Drugs are bad news not only for the
individual using or addicted to them but to the whole community. Highly addictive
drugs spread like an epidemic and have the potential to single handedly destroy
a whole neighborhood, as the case is in many places all across America and in
certain urban areas (just watch the movie The Wire). Not only can young adults
become and stay addicted to hardcore drugs all their lives, but the other
consequences include dropping out of school/college, quitting work, and
becoming a recluse (just see the movie The Big Lebowski). To support their
habit, they need money and often resort to crime.
Based on this reasoning, drugs are
classified depending on the impact that they could possibly have on the society/individual
that uses them.
Most states classify drugs into “schedules”.
Predominantly, there are five schedules depicted in writing by roman numerals
(Schedule I, Schedule IV, etc.). Schedule I drugs are the most dangerous while
schedule V are the ones that have the least impact. Therefore, anyone found in
possession of a schedule I drug in most states is will be charged with felony
whereas a schedule IV or schedule V drug possession may be deemed a misdemeanor.
Denver criminal defense lawyers know all about this and work within the
confines of the law every day.
Personal
Use vs Intent to Sell
When someone is arrested and suspected
of drug possession, one of the questions that arise immediately is whether the
person carrying the drugs to use himself/herself or was there any
motive/intention to sell these drugs and make money? Intent to sell is
classified as a felony and offenders are branded drug dealers and put behind
bars for several months or years.
When it comes to determining whether or
not the person was trying to sell the drugs, the court will take consider how
much of the drug the person was in possession of and how it was packaged
(numerous small baggies are a tell-tale sign of someone pushing drugs for money,
to make a living, and have no qualms about infecting society). Colorado
criminal defense lawyers know the drug trade pretty well since they have had
had so many discussions with people who work in this business.
Colorado is pretty lenient when it comes
to drugs and does not care to lock up non-violent drug offenders. Marijuana, as
already stated, is legal. Many people believe they should legalize oil shale
development in this state to create even more jobs but that is another topic.
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