Building a Defense Against Drug Possession Charges
When facing drug possession charges, your future may feel uncertain. The consequences can impact your freedom, employment, and personal relationships. But with the right legal support, a well-planned defense can make a meaningful difference.
At the Law Offices of Malcolm B. Seawell in Denver, Colorado, I bring years of courtroom experience and focused legal knowledge to help clients throughout Denver and the greater Metro area challenge criminal accusations. Criminal defense isn’t just a practice area—it’s a commitment to protecting your rights and preserving your future.
What You’re Up Against With Drug Possession Charges
Drug possession charges can arise from a variety of circumstances, and law enforcement’s interpretation of your behavior may not align with your actual intentions or actions.
Prosecutors often file charges based on physical evidence, proximity to narcotics, or assumptions about ownership. Colorado law classifies drug possession charges by the type of drug and the amount involved. Colorado follows a classification system based on the potential for abuse and accepted medical use of substances. For example:
Schedule I drugs: These have a high potential for abuse and no accepted medical use, including heroin and LSD.
Schedule II drugs: These include substances like cocaine and methamphetamine.
Schedule III-V drugs: These involve lower abuse potential and more accepted medical use, like prescription medications.
Penalties vary depending on the drug’s schedule and the quantity in possession. Even possessing a small amount of a Schedule I or II drug may result in a felony charge.
Building a Criminal Defense Against Drug Possession
Mounting a defense against drug possession charges involves more than simply denying the allegations. It means challenging how the evidence was gathered, how the arrest occurred, and whether your rights were respected at every step.
The following defense strategies are frequently used to reduce or dismiss charges altogether, depending on the facts of each case.
Unlawful Search and Seizure
The Fourth Amendment protects you against unreasonable searches and seizures. If law enforcement conducted a search without a warrant or valid consent, the evidence may be inadmissible.
Examples of unlawful search include:
Vehicle stops without cause: If police pulled you over without reasonable suspicion, any drugs found during the stop may be suppressed.
Improper home entry: Evidence obtained without a warrant or exigent circumstances may not be used in court.
Searches without consent: Officers must either have a warrant or voluntary, knowing, and intelligent consent.
If any part of your arrest or the seizure of evidence violated your constitutional rights, your lawyer may file a motion to suppress the evidence—often leading to dismissal of charges.
Lack of Possession or Control
To convict someone of drug possession, the prosecution must prove you knowingly possessed the substance and had control over it. However, being near drugs doesn’t always mean ownership.
Key points that may challenge possession include:
Shared spaces: Drugs found in a car or home with multiple occupants don’t necessarily belong to you.
Constructive vs. actual possession: Constructive possession means you had control or access to the drugs, even if they weren’t on your person. This can be harder to prove.
Absence of fingerprints or DNA: Lack of physical evidence connecting you to the drugs can support your defense.
An effective criminal defense lawyer will challenge these elements, pointing out any gaps in the prosecution’s argument.
Chain of Custody Issues
The chain of custody refers to how evidence is handled from the time it’s collected until it’s presented in court. Any break in this chain can call the integrity of the evidence into question.
Problems with the chain of custody include:
Mislabeling or contamination: Improper handling may compromise the sample.
Unexplained gaps in documentation: If it’s unclear who had access to the evidence, the reliability of the evidence is diminished.
Mismatched lab reports: Testing inconsistencies can further undermine the prosecution's case.
When the court can’t trust that the evidence is what law enforcement claims, it may not be admissible.
Entrapment by Law Enforcement
Entrapment occurs when police officers induce someone to commit a crime they otherwise wouldn’t have committed. While undercover operations are legal, crossing the line into coercion or manipulation can render the charge invalid.
Scenarios where entrapment may apply include:
Persistent pressure: If you were repeatedly encouraged or harassed by an undercover officer to purchase or carry drugs.
Misrepresentation: If law enforcement created a false sense of urgency or danger that led to your action.
Targeting individuals with no prior intent: If you weren’t previously involved in drug activity, and the officer initiated all aspects of the transaction.
Establishing entrapment requires showing that you weren’t predisposed to commit the offense and were persuaded by law enforcement to do so.
Possession of a Legal Prescription
Prescription medications are still controlled substances under Colorado law. However, having a valid prescription is a defense to charges of illegal possession.
Important elements of this defense may be:
Proof of prescription: Producing a doctor’s prescription that was active at the time of arrest.
Proper container: Keeping medication in its original labeled container strengthens your case.
Valid dosage and frequency: If your prescription covered the quantity in question, charges may not hold.
This defense is particularly important for patients managing chronic conditions who may carry necessary medication.
Crime Lab Analysis and Substance Identification
Just because police believe a substance is illegal doesn’t make it so. Lab analysis must confirm the identity and composition of the alleged drug.
Testing matters because:
False positives: Field drug tests often produce incorrect results.
Misidentification: Substances like baking soda, powdered vitamins, or CBD may be mistaken for narcotics.
Improper lab procedure: If testing wasn’t performed according to scientific standards, the results can be challenged.
A criminal defense lawyer can question the accuracy and methodology of the substance testing process.
Mitigating Circumstances and Alternatives to Conviction
Even when the evidence supports some level of guilt, there may be opportunities to reduce charges, avoid incarceration, or pursue rehabilitation.
First-Time Offender Diversion Programs
Colorado offers alternatives to traditional prosecution for some individuals with no prior record. These programs focus on treatment and supervision instead of jail time.
Diversion may include:
Drug education classes: Focused on helping participants understand substance use and its consequences.
Probation and monitoring: Allows individuals to continue working or attending school while under court supervision.
Drug testing and treatment: Regular screenings and counseling may be required.
Successful completion often leads to dismissal of the charges.
Plea Bargains and Reduced Charges
When dismissal is unlikely, plea bargaining may result in lesser charges or lighter sentencing.
Benefits of negotiating a plea include:
Avoiding felony records: Felony convictions carry longer-lasting consequences.
Minimizing jail time: Sentencing alternatives may be available.
Quicker resolution: May lead to a faster conclusion and less court involvement.
An experienced criminal defense lawyer will work to identify weaknesses in the prosecution’s case that support reduced penalties.
Medical or Mental Health Considerations
Some individuals facing drug possession charges may have underlying conditions that contributed to their behavior.
These factors may support reduced charges or treatment-based alternatives:
Chronic pain or health issues: Explains the use of prescription substances.
Substance use disorders: May qualify for addiction treatment rather than incarceration.
Mental health diagnoses: Can influence sentencing or justify diversion.
Courts may consider these factors when determining appropriate outcomes.
Consequences of Drug Possession Convictions
Understanding what’s at stake reinforces the importance of building a strong criminal defense.
Potential consequences of a conviction include:
Jail or prison time: Depending on the drug type and quantity, you may face months or years behind bars.
Fines and fees: Can reach thousands of dollars, not including court costs or mandatory treatment.
Probation restrictions: Limits on travel, employment, and housing can disrupt your life.
Permanent criminal record: Affects job opportunities, student loans, housing, and child custody rights.
Avoiding these outcomes—or minimizing their impact—requires proactive legal support.
Contact My Firm Today
If you’ve been charged with drug possession, the choices you make now matter. My firm, the Law Offices of Malcolm B. Seawell, provides personalized representation to individuals throughout Denver, Colorado, and the surrounding areas, including Aurora, Golden, Lakewood, Arvada, Boulder, Brighton, Englewood, Castle Rock, Littleton, and Highlands Ranch. Speak with a lawyer who understands how to defend your rights in criminal defense cases. Call today to start building your defense.