Controlled Substance Defense Attorney for Denver Colorado
Controlled substances are listed as Schedule I, II, III, IV, and V drugs. Unlawful possession of any drug in these categories can result in an arrest, criminal charges and severe penalties if convicted in Denver, Colorado.
Philip M. Smith • Attorney • Denver, Colorado
Controlled Substance Drugs Attorney
Free Consultations • Call (303) 333-8900 • Email
If you are facing criminal charges for possession of a controlled substances you need an experienced, competent criminal attorney who has handled thousands of criminal cases, including all minor and serious drug possession.
- Schedule I drugs are controlled substances having a high potential for abuse, are not medically safe or used for medical treatment. Herioin, LSD, Marijuana and Ecstasy are all Schedule I drugs.
- Schedule II drugs are controlled substances having a high potential for abuse which may advance to severe psychologically or physical dependence. Narcotics in the schedule are Dilaudid, Methadone, Demerol, Oxycontin or oxycodone. Stimulants Adderall and Ritalin fall under this schedule with common medications used for patients with Attention Deficit and Hyperactivity Disorder, ADD or ADHD. Cocaine and Methamphetamine (Meth) are the most common abused controlled drugs.
- Schedule III drugs are controlled substances that have a potential for abuse but less than drugs in Schedules I and II. Abuse of these drugs may advance to some physical or psychological dependence. Vicodin, analgesics containing codeine, and medications used to treat opiate addictions are all Schedule III drugs. Prescription drug fraud is common in this category.
Philip M. Smith has over 35 years of legal experience
as a judge, district attorney, and a private attorney
practicing in all areas of criminal defense law including
all types of drug charges.
- Schedule IV are those with less potential for abuse and physical dependence relative Schedule III. The more commonly abused drugs include Alprazolam (Xanax), Clonazepam Loprazolam, Phenobarbital (Rohypnol–forget-me pill, Mexican Valium, R2, roach, Roche, roofies, roofinol, rope, rophies), Benzodiazepines (Ativan, Halcion, Librium, Valium, Xanax; candy, downers, sleeping pills, tranks), and Sleep Medications such as Ambien (zolpidem), Sonata (zaleplon), Lunesta (eszopidone).
- Schedule V drugs are controlled substances that have a low potential for abuse and contain limited amounts of narcotics. Cough medicines containing analgesics such as codeine.
Understanding criminal charges, plea bargaining and sentencing for drug possession is critical. Drug related charges are complex. If convicted, sentences range from a Class 6 Felony to a Class 4 Felony for possession of Schedule I and II substances with a penalty of up to 8 years prison. If a gun or other deadly weapon is involved or any other criminal charge you may be facing concurrent or consecutive sentences. Additional concerns include:
- Prescription fraud: Prescription fraud cases also involve allegations of forgery and identity theft for illegally obtaining or possessing controlled substances by prescription. This is a Class 6 Felony.
- Special Offender: There are enhanced punishments for drug crimes that are second offenses (“special offender”) or higher, including those that involve aggravated offenses and possession of drugs and weapons
A criminal charge of possession of a Schedule III, IV or V controlled substances has the potential sentencing of a Class 2 Misdemeanor. Again, if specific drugs are involved or this is aggravated by weapons, the consequences may be much higher. Marijuana penalties vary depending on the quantity in your possession.
How I can help YOU
First, if you are being investigated or have been arrested for possession of controlled substances, make no statements and DO NOT talk to anyone without talking to your attorney first. Don’t make a confession and DO NOT try to work a deal with law enforcement expecting any leniency. Confidential Informants commonly referred to as “snitches” are eager to give up information to law enforcement and the prosecutor to get a better sentence which might be used against you.
If you have been stopped for a traffic violation and the officer suspects illegal drugs are present, did he legally search the car? If you are interrogated by law enforcement, tell them you want to talk to your lawyer right away. As your attorney, I will contact law enforcement in your behalf and begin negotiations with the district attorney immediately. With knowledgeable, prepared legal counsel to spot the weaknesses in your case and to challenge the evidence against you, you have a better chance of beating these charges.
It is extremely important to fully explore the facts and consequences before pleading guilty or going to trial on such a serious charge of possession. I analyze my client’s situation and create an individualized defense strategy to achieve the most favorable disposition in the case. I negotiate with the prosecutor to gain the best possible resolution to your criminal case. I will seek the most desirable disposition options such as a dismissal, obtaining a Deferred Judgment or possibly the Diversion program which are eligible for Sealing upon completion of the terms of probation.
Call my office today for a free confidential consultation
Attorney Philip M. Smith
I strive to provide the highest quality legal representation to my clients. I represent people charged with misdemeanor or felony charges for the first time offender or repeat offenders. As your criminal defense lawyer, I will provide you with professional, aggressive and effective defense from beginning to end in your drug or possession criminal charges.
Consequences of a Controlled Substances Conviction
A Possession of a Controlled Substance conviction is not eligible for Sealing. It is important to fully explore the facts and law before taking a guilty plea. An arrest, charges and possible conviction information will be available to law enforcement, military, government agencies and the public. Landlords and employers will not risk their property or the property of their tenants and employees by renting or hiring a person who they see as a threat because of your charge or conviction.
Contact My Law Office
If you need a Colorado criminal defense lawyer for your Controlled Substance criminal charge, or if you have questions about criminal charges, I encourage you to contact me, Philip M. Smith, Denver Criminal Defense Lawyer, 303-333-8900 today for a free and confidential initial consultation.