Denver Drug Crimes Criminal Defense Attorney
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Delivery of a Controlled Substance
In Colorado, guilty knowledge, an understanding of the identity of the product being delivered, is an element of delivery of a controlled substance. If you are facing drug charges, you need a knowledgeable Colorado drug attorney or an experienced criminal defense attorney to help you with your case.
Drug Manufacturing of a Controlled Substance
To convict a person of the crime of manufacture of controlled substance, the prosecution must prove that the defendant manufactured a controlled substance; that the defendant knew that the substance manufactured was a controlled substance; and that this act occurred in the State of Colorado. The prosecution carries the burden and must prove each and every element of the crime beyond a reasonable doubt. You need a good Denver criminal defense attorney who is experienced in handling drug cases to hold the prosecution to its burden.
Manufacture means the direct or indirect production, preparation, propagation, compounding, conversion, or processing of any controlled substance. Manufacture also means the packaging or repackaging of any controlled substance or labeling or relabeling of the controlled substance’s container. Contact our Denver criminal defense attorneys to help you assess the allegations against you.
In Colorado State guilty knowledge, an understanding of the identity of the product being delivered, is an element of delivery of controlled substance.
Delivery of Material in Lieu of a Controlled Substance
Use of Drug Paraphernalia
Sale of a Controlled Substance Lawyer
“To sell” means to pass title and possession for a price whether or not the price is paid immediately or at a future date.
“Price” means anything of value.
“For profit” means the obtaining of anything of value in exchange for the controlled substance. There is no requirement that the prosecution prove a profitable sale as opposed to a sale in which the seller lost money or did not make a profit in the usual sense.
In Colorado State, guilty knowledge, an understanding of the identity of the product being delivered, is an element of delivery of a controlled substance.
Possession of Controlled Substance
In Colorado State, possession of controlled substance is a strict liability crime. This means that there is no intent requirement. Therefore, the prosecution is not required to prove either knowledge or intent to possess, nor knowledge as to the nature of the substance in a charge of simple possession.
The penalties for possession of controlled substance depend on whether the drug is listed as a controlled substance or a legend drug, and whether the drug is listed by the federal government as Schedule II, III, IV, or V. Controlled substance prescription pills include such drugs as oxycodone and methadone. The possession of cocaine or methamphetamine in any amount in Colorado State is a felony. The penalties for possession of controlled substance can be harsh. It is important to have a knowledgeable Denver possession of controlled substance lawyer experienced in defending drug cases to helping you with your case.
Possession with Intent to Manufacture or Deliver
Colorado case law forbids the inference of intent to deliver based on “bare possession of a controlled substance,” absent other facts and circumstances.
When the controlled substance the defendant is charged with possessing is only a trace amount, such evidence is insufficient to support a conviction for possession with intent to deliver. Such evidence would warrant only an inference that the defendant intended to deliver the controlled substance not yet possessed, and such an inference will not support a conviction for possession with intent to deliver.