Colorado has lenient regulations regarding recreational drug use, but you may still find yourself facing criminal charges when suspected of having intent to distribute. Understanding the distinguishing factors between use, possession and distribution is critical in asserting your defense. The Law Offices of Elaine E. Lukic provides the necessary legal arguments to counteract the evidence against you so that you may avoid a conviction or harsh punishment.
Prosecutors recently dismissed a felony distribution charge filed against a 44-year-old Colorado resident accused of distributing cocaine. According to The Aspen Times, prosecutors charged the woman, her husband and their son over allegations of distributing drugs to a minor.
Evidence that the woman was in possession of drugs that she intended to distribute may not have been strong enough for a jury to convict. In order for a conviction, prosecutors must prove that she had the necessary intent to sell or dispense the drugs at the time of her arrest. Proof may include having illegal substances portioned out and placed into plastic baggies or traveling with an unusual amount of cash. If these factors are not present, there may not be enough evidence to obtain a conviction of intent to distribute drugs.
Prosecutors are still investigating whether to keep or dismiss the felony distribution charges filed against her 56-year-old husband. If convicted, his punishment may include up to 32 years in prison. The minimum incarceration period for a felony distribution conviction in the Centennial State is eight years for adults.
My page on drug crime defenses provides more information on how to fight charges related to illegal substances.