Anyone in Colorado who faces criminal charges is presumed innocent unless and until the prosecution can prove guilt beyond a reasonable doubt. For that reason, obtaining the best possible legal counsel who can challenge the formal allegations on which the prosecution’s case is based is essential. An attorney can also safeguard the constitutional rights of a defendant facing drug charges.
Drug possession charges, whether with the intent to sell or for personal use, can be assessed to determine the best possible defense strategy. Several defense options are typically pursued, including some that challenge the evidence, testimony or stated facts. Other options involve errors in procedures such as violations by law enforcement during search and seizure operations.
When the prosecution is unable to present the seized drugs at the trial, it offers the defense an opportunity to seek a case dismissal. This can also happen when the crime lab technician who determined the seized drugs to be illicit is not present to testify in court. If the arrest followed a sting operation, there might be grounds to claim entrapment if there is any indication of pressure to get the defendant to do something that he or she would not typically do.
These are but some of the defense options against drug charges that might be chosen by an experienced Colorado criminal defense attorney. Before a lawyer decides on the defense strategy, all the evidence will be assessed and examined to determine the best path forward. A lawyer will do whatever is reasonably possible to achieve the best possible outcome.
Source: FindLaw, “Drug Possession Defenses“, Accessed on May 25, 2018