Denver CO Lawyers
Defense for Drug Trafficking Charges

Defense for Drug Trafficking Charges

Drug Trafficking Defense

Drug trafficking is one of the most serious drug crimes a person can face. A conviction for drug trafficking can result in significant penalties, including massive fines and a lengthy prison sentence. To defend yourself against drug trafficking charges, you need a skilled and experienced drug crime lawyer on your side. 

Colorado criminal defense attorney Kevin Cahill has a proven record of success defending people accused of drug trafficking. His legal representation can mean the difference between a guilty verdict and having drug trafficking charges reduced or even dismissed. 

When your freedom is on the line, don’t leave anything to chance. Kevin Cahill will thoroughly investigate the circumstances that led to your arrest, develop strategies to challenge the evidence against you, and mount a vigorous defense.

What Is Drug Trafficking?

Drug trafficking is the crime of selling, transporting, importing, or distributing illegal drugs. When you are arrested and are in possession of drugs, law enforcement agents and prosecutors can decide whether to charge you with simple possession or possession with intent to distribute, also known as drug trafficking. When deciding whether to charge you with simple possession or drug trafficking, they will look at various factors influenced by local laws, such as the recent changes to Colorado drug classifications. Some factors that can determine whether you are charged with possession of drugs or drug trafficking include the type of drug, the amount of drug, and any drug paraphernalia in your possession.  

Type of Drugs

Drugs, formally known as controlled substances, are classified into five categories, called schedules, based on the likelihood of abuse and whether the drug has an accepted medical use. 

  • Schedule I drugs have no accepted medical use, are unsafe, and have a high potential for abuse. This category includes heroin, GHB, LSD, marijuana, peyote, and ecstasy.
  • Schedule II drugs include drugs with a high potential for abuse that can cause severe psychological or physical dependence, such as cocaine, opium, codeine, morphine, methadone, Demerol, OxyContin, Percocet, amphetamine (Dexedrine, Adderall, and Ritalin), and methamphetamine.
  • Schedule III controlled substances have a lower potential for abuse but can still lead to moderate or low physical dependence and high psychological dependence. Vicodin, Tylenol/Codeine, Suboxone, ketamine, and anabolic steroids all fall into this category.
  • Schedule IV drugs have a  lower potential for abuse than Schedule III substances and include drugs like Valium, Xanax, Soma, Klonopin, Valium, Ativan, Restoril, Rohypnol, and clonazepam.
  • Schedule V substances contain limited quantities of narcotics. A cough syrup containing codeine is an example.

Quantity of Drugs

One of the most important factors in determining whether you will be charged with drug trafficking is the amount of drugs in your possession. If you have more than what a reasonable person would possess for personal use, prosecutors will use this fact as evidence that you intended to sell drugs. 

Drug Paraphernalia

Law enforcement agents will also try to identify paraphernalia that could be used to sell drugs, such as equipment that can be used for weighing, packaging, concealing, or distributing drugs. Drug trafficking paraphernalia can include scales used to weigh drugs, large amounts of cash, pay/owe sheets, and even plastic baggies that can be used to package drugs for distribution. Police might also point to frequent and brief meetings with visitors to your home to try to prove you were trafficking drugs. 

Defense Against State and Federal Drug Trafficking Charges

Drug trafficking can be charged as a state or federal crime. In fact, you could face state and federal drug trafficking charges arising from the same incident. 

If you are facing federal drug trafficking charges, the penalties can be even more severe than in state court. Federal drug trafficking crimes are almost always charged as felonies. A conviction for federal drug trafficking carries lengthy prison sentences and hefty fines. 

What To Do If You Were Charged with Drug Trafficking

Anytime you are under investigation or have been charged with a crime, remember that you have constitutional rights, including the right to remain silent and the right to an attorney. These rights apply when you are being questioned, detained, or arrested by police officers or other law enforcement agents. Also remember that law enforcement officers are trained to get information that will be used to try to convict you of a crime. Police officers often act friendly and like they are trying to help. 

Stay Calm

It is normal to feel scared and confused when confronted with drug trafficking charges. Unfortunately, many people become overwhelmed and do and say things that make the situation worse. 

Do your best to stay calm, invoke your right to remain silent, and ask to speak to a lawyer.  

Remain Silent

Tell the police you are invoking your right to remain silent and ask to speak to an attorney. Once you invoke your right to remain silent, you should not respond to any more questions. 

Speak to a Lawyer

You also have the right to a lawyer. Contact attorney Kevin Cahill as soon as possible after being arrested, and do not answer any questions or discuss your case with anyone until he arrives. 

How to Beat a Drug Trafficking Charge

Drug trafficking charges are serious. But proving beyond a reasonable doubt that you intended to sell drugs is not an easy task. Depending on the circumstances of your case, you may have various defenses available. Some of the factual and legal issues we can explore include:

  • Did the police have probable cause? 
  • Was the arrest lawful?
  • Did the police follow proper procedures when testing the drugs?
  • Did you intend to sell the drugs, or were they for personal use?
  • If multiple people were present, were the drugs yours, and did you know they were there?
  • Do you qualify for a treatment program? 
  • Are you eligible for diversion?

Call Kevin Cahill for Defense Against Drug Trafficking Charges

A conviction for drug trafficking carries serious penalties that can wreak havoc on your life. But there is hope. Colorado criminal defense attorney Kevin Cahill will develop an effective defense to beat the drug trafficking charge or minimize the severity of the penalties you face. 

To learn more, call the Law Office of Kevin Cahill at (720) 445-9887 to schedule your free consultation.

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