Killed “Pot DUI Bill” Doesn’t Mean Marijuana Users Off the Hook
Added Monday, November 7th, 2011 at 1:48 PM

In spring of this year, members of Colorado’s legislature voted down a bill aimed at clearly defining the legal limit for establishing a DUI for all those suspected of driving under the influence, specifically, of marijuana.  House Bill 1261, more commonly known as the “Pot DUI Bill,” would  allow law enforcement officers to charge those registering 5 nanograms of THC per milliliter of blood with a DUI.  Despite some initial support the bill received from communities and many members of the state senate, the bill eventually met its demise due to concerns over whether the proposed blood-THC content rubric was a clear indicator that a suspect was driving under the influence of marijuana. One such concern related to the amount of time THC has been known to stay in users’ systems; for instance, a test that lawmakers considered when deciding on the bill demonstrated that 5 nanograms of THC per millimeter of blood remained in users’ systems for as long as 15 hours after use.  As such, the lawmakers did not feel the bill could provide law enforcement with a sufficient indicator for charging those suspected of driving under the influence of marijuana.

While the Colorado legislature did not pass House Bill 1261, and while currently, Colorado law doesn’t clearly specify how much THC will land you a DUI charge, the statutes do provide a very clear explanation that law enforcement officers will charge you with a DUI or DWAI (and courts will convict you) if they suspect you cannot safely operate a vehicle due to use of drugs or alcohol or if you fail a sobriety test.

DUI and DWAI charges have serious consequences.  Whether you’ve receive charges for suspected use of alcohol or suspected use of marijuana (or other drugs), you should do everything within your power to contact a DUI criminal defense attorney as soon as possible.  A qualified Colorado DUI criminal defense attorney can help you with the many questions you have concerning the circumstances of your arrest, and he or she can also make sure you receive proper representation in court.  Without the help of a skilled and experience legal professional, not only could you find yourself facing a potential conviction, you could also find yourself facing an overly harsh sentence.

Defense Strategies in Colorado Drug Cases
Added Monday, September 19th, 2011 at 4:32 PM

Colorado law enforcement are serious about prosecuting drug crimes in the state, and cases where an individual is charged with a drug crime like possession, trafficking, distribution or intent to sell require representation from an experienced and dedicated Colorado criminal defense attorney. An attorney who is well-versed in drug charges will be able to employ defense strategies to help you retain your rights and your freedom.

Defense strategies in drug cases include:

  • challenging evidence of possession of drugs
  • making sure law enforcement followed all protocols during investigation and arrest
  • protecting the search and seizure rights of the accused
  • using knowledge of Colorado medical marijuana laws and other quickly changing drug laws
  • examining the records of the arresting officers
  • arguing for alternative sentencing like community service or treatment programs
  • negotiating plea bargains with prosecutors

Even though Colorado has made marijuana legal for medical use for citizens who register for a card, law enforcement can often arrest these individuals on charges like possession or intent to sell. While misdemeanor marijuana possession charges may seem like no big deal, they can affect an individual’s ability to get a job or maintain driving privileges. Even in drug cases that seem minor, you need an experienced Colorado criminal defense attorney on your side.

Colorado law in drug cases can be complicated and the penalties for conviction can be severe. For example, in response to public concern over methamphetamine use in the state, there are no misdemeanor charges for meth possession. This means that even a small amount of the drug, even residue, can result in felony charges. In cases where high-profile drugs like meth are involved, an aggressive Colorado criminal defense attorney is necessary to retain your freedom and avoid a felony conviction.

Felony drug convictions can result in legal consequences like mandatory time in prison and high fines. Once the jail time has been served, drug convictions often carry long parole or probation sentences as well, often requiring many hours of community service or mandatory time in a drug treatment facility. An aggressive criminal defense attorney can help those facing these daunting legal penalties.

Colorado Policy Makers Debate THC Driving Levels
Added Tuesday, September 13th, 2011 at 6:32 AM

The state of Colorado has made marijuana legal for medical use under certain circumstances, but state lawmakers are still debating laws regarding driving under the influence of marijuana. If you’ve been arrested for DUID or marijuana possession, you need the expert advice of a Colorado criminal defense attorney.

According to a recent news article in the Denver Post by reporter John Ingold, Colorado policy makers are currently debating what level of marijuana impairment would constitute a DUID in the state. At the conclusion of the panel, experts will recommend policies to the state justice commission regarding driving under the influence of marijuana.

Ever since cannabis has been made legal in Colorado for medical card holders, state lawmakers have been debating whether or not to institute legal limits for THC (the active component in cannabis) in the bloodstream for drivers, much like the current BAC levels for DUI. The current limit for blood alcohol content in Colorado is 0.08% for drivers over 21, and lawmakers are considering whether setting a similar level of the psychoactive chemical THC would be in the best interests of the public.

In many DUI cases, a Colorado DUI defense attorney will challenge BAC tests to get charges dismissed. This defense strategy is not as effective in most DUID or driving under the influence of drug cases because any measurable amount of THC in the bloodstream is grounds for a criminal charge. The panel debated whether or not attorneys would simply challenge new laws in a similar strategy.

Individuals who are arrested and charged with driving under the influence of marijuana need a Colorado criminal defense attorney with experience defending clients against drug charges and DUI. An attorney with knowledge of Colorado’s changing medical marijuana laws will be able to help clients who have a medical marijuana card but are still facing drug charges in the state.

Marijuana Charges: How a Criminal Defense Attorney Can Help
Added Monday, September 5th, 2011 at 6:43 PM

While Colorado has made marijuana legal for use under very specific circumstances, individuals can still face drug charges like marijuana possession that require the services of a Colorado criminal defense attorney. Colorado’s medical marijuana laws are constantly in flux, with new statutes being added and different restrictions placed on the possession and use of the drug every year. Even if you are a legal medical marijuana patient or professional, you can be charged with drug crimes like possession, distribution or trafficking. An attorney can explain the drug charges against you.

Marijuana Possession Charges

Depending on certain factors, you can be charged with anywhere from a misdemeanor to a felony for possessing marijuana. If this is your first arrest for drugs and you had less than an ounce of marijuana on you when you were arrested, you could only be facing a misdemeanor. However, under other circumstances, you could be facing felony charges. A Colorado criminal defense attorney can also negotiate with judges and prosecutors to get your marijuana possession charges reduced.

Drug Trafficking Charges

Trafficking is a criminal charge related to transporting a controlled substance like marijuana over Colorado roads and highways. If the drug has been transported over state lines, drug trafficking charges can be a federal crime as well. When looking at these kinds of major criminal drug offenses, you need a Colorado criminal defense attorney.

Marijuana Distribution Charges

Distribution charges are related to selling or otherwise distributing drugs to other people, commonly known as “dealing.” An individual can also face distribution charges in relation to marijuana possession if the individual has a large amount of drugs because the amount is more than could be considered for “personal use.” Unfortunately, medical marijuana distributors or businesses who have not completed all their legal paperwork can also be charged with distribution.

Marijuana charges are serious in Colorado; maybe even more serious because of the state’s medical marijuana statutes. This is why you need an experienced Colorado criminal defense attorney to help you face any kind of drug charge, even a misdemeanor.

Medical Marijuana Charges in Colorado
Added Friday, August 26th, 2011 at 1:34 PM

The medical marijuana industry is flourishing in Colorado, according to a recent Portland Press Herald article. Even though Colorado medical marijuana growers and distributors may be making money, medical cannabis card holders, drivers and cannabis dispensaries in Colorado can still get charged with drug crimes by Colorado law enforcement. If you are involved in the medical marijuana industry in Colorado and you get hassled by police or charged with crimes like drug possession or distribution, you need a Colorado criminal defense attorney who has experience with marijuana charges.

According to the Portland Press Herald, Colorado’s marijuana industry is second largest to California. The industry is heavily regulated by the Colorado state legislature, with laws regulating how cannabis products are produced, packaged, distributed and sold to licensed consumers within the state. While these regulations can be confusing for many medical marijuana businesspeople, they do generate revenue for the state. The city of Denver alone has seen millions of dollars in revenue from sales taxes on medical marijuana and licensing fees for cannabis distributors and growers.

Even with these regulations, Colorado law enforcement can bring drug charges against distributors or consumers of medical cannabis in Colorado because marijuana is still considered illegal in most circumstances. For example, drivers can still be charged with DUID or driving under the influence of drugs if they have any measurable amount of THC, the active ingredient in marijuana, in their bloodstream when they are pulled over for a traffic violation. The owners of legal cannabis businesses can face serious drug charges like trafficking if they don’t follow Colorado medical cannabis laws exactly. Individuals involved in medical marijuana in any way need a trusted Colorado criminal defense attorney on retainer to help them face any drug charges law enforcement might bring against them. An attorney will be able to uphold the law and argue for the innocence of their clients in Colorado courts.

Criminal Traffic Offenses Affect Your Driving Privileges and Freedom
Added Monday, August 22nd, 2011 at 1:33 PM

Some Colorado drivers think they can get through charges for certain traffic offenses like reckless driving or DUI on their own, just like they would for a speeding ticket. However, a Colorado criminal defense attorney can be invaluable when facing criminal charges related to a traffic offense. While traffic offenses like driving without insurance or driving on a suspended license may seem like no big deal, law enforcement takes these kinds of offenses very seriously. Charges such as driving under license revocation or leaving the scene of an accident can come with serious criminal consequences as well as consequences for your driving privileges. Unlike a simple parking or speeding ticket, you need a defense lawyer when facing criminal charges for traffic offenses.

Criminal traffic offenses include driving without a driver’s license, excessive speed, reckless driving, DUI, DWAI, DUID or driving without insurance. All of these serious traffic offenses can result in hefty fines, license suspension or revocation and even jail time. Many of these criminal traffic charges will arise after a motor vehicle accident, and a single driver can be charged with more than one offense, compounding the legal ramifications of a conviction. A Colorado criminal defense attorney can help drivers with multiple offenses get some charges dismissed or reduced in order to avoid some of the more serious penalties.

Some of the most serious traffic offenses like driving without a license or driving on a revoked license can result in surprisingly hefty fines and jail time. Often, a driver’s license has been revoked because of a previous violation like driving under the influence, and this can make police crack down harder on individuals who drive on a suspended license. For example, if pulled over for any kind of offense like speeding, a driver can be arrested for Driving Under Revocation or DUR. A conviction for DUR in Colorado can also come with a mandatory jail sentence. A criminal defense attorney with experience handling these types of cases can help drivers who are accused of these serious traffic offenses avoid jail time.

DUID: Driving Under the Influence of Drugs
Added Monday, August 15th, 2011 at 8:54 AM

When it comes to drunk driving charges, most drivers think they only have to worry about getting in trouble with Colorado highway patrol if they get behind the wheel after drinking alcohol. However, drivers can also be pulled over for any kind of traffic violation and charged with DUID, or driving under the influence of drugs. Even prescription medications can affect an individual’s driving ability, resulting in these serious charges. If you or a loved one has been charged with DUID in Colorado, you need an aggressive Colorado criminal defense attorney with experience in both DUI and drug charges.

When a Colorado driver is pulled over on suspicion of driving under the influence of alcohol or drugs, the police must have a traffic violation to initiate the stop as well as probable cause to suspect the driver of being under the influence. Common traffic offenses that lead to drug or alcohol driving charges include excessive speed, driving without headlights or swerving. A Colorado DUID attorney will often challenge the evidence of this initial traffic stop; if they can get the evidence thrown out, the charges may be dismissed.
In cases where law enforcement suspects a driver of being under the influence, they might ask the driver to perform a field sobriety test or blow into a breathalyzer machine. In cases where a driver is under the influence of drugs such as marijuana, amphetamines or prescription drugs, they may fail the field sobriety test but have no alcohol on their breath. Usually the police officer will take the driver to the station and perform a blood test to determine if there are drugs in the driver’s system. While blood tests are more accurate than breathalyzer tests, an experienced Colorado criminal defense attorney can challenge this evidence as well.

Unfortunately, DUID charges can even be leveled against Colorado medical marijuana card holders. The card doesn’t protect against these kinds of criminal traffic violations, and as Colorado law stands now, a driver can be charged with DUID if there is any measurable amount of THC, the active ingredient in marijuana, in their system. For criminal charges involving driving or medical marijuana, a Colorado criminal defense attorney with extensive experience in drug cases can be an invaluable asset.

Colorado Teens Form New Drug Use Prevention Council
Added Monday, July 18th, 2011 at 2:34 PM

The Colorado Meth Project has begun a new program to reduce drug use among youths in the state called the Teen Advisory Council. Though the Council is trying to reduce rates of drug use, meth use and drug charges are still a major problem in the state. If you or someone you know is facing drug charges of any type in Colorado, you need a Colorado criminal defense attorney to represent your innocence and protect your rights in court. An attorney with experience in juvenile law can also help you make sure your teen is protected if they get mixed up with drugs.

The Teen Advisory Council was formed in order to raise awareness in Colorado teens about the dangers of methamphetamine use, as well as encouraging outreach and volunteer efforts among teens to prevent drug use. This council is formed of fifteen students from middle and high schools. The teens come from twelve cities across the state, and they will work together to raise awareness at schools as well as create outreach programs to warn of the dangers of meth.

Along with these increased efforts around the state to raise awareness of the dangers of meth, Colorado law enforcement is also cracking down on methamphetamine use, manufacture and distribution. Possession, manufacture and distribution are all very serious drug charges in the state of Colorado, but judges are laying down even harsher penalties for high profile drugs like methamphetamine. When facing these kinds of charges, an aggressive Colorado criminal defense attorney is invaluable. A defense attorney will protect your search and seizure rights, challenge state evidence against you, as well as negotiate with prosecutors to help you plea to lesser charges if necessary.

Suspect Arrested in what looks like a Drug Deal Gone Bad
Added Friday, July 1st, 2011 at 5:00 AM

A suspect in a drug deal that led to a car chase and a shooting has led to an arrest. The suspect has been arraigned on a charge of aggravated robbery and attempted murder. The incident was reported in the June 30, 2011 Denver Post. Police have not said if any other suspects are being sought. The firing of the gun is especially serious as it led to the attempted murder charge.

 

Suspects in robberies that involve weapons in the state should get a Colorado criminal defense attorney to represent them. The suspects in these cases are facing hard time and they need the best defense possible and this is offered by a Colorado criminal defense attorney. They have experience with similar clients that will help them in your particular case. But they are aware that no two cases are alike and they will be sure to evaluate your case on its own merits. Any information you have should be given to your attorney. The attorney client privilege law is in place to maximize your chance at a fair trial.

 

The Colorado criminal defense attorney will systematically go over all information regarding your arrest and the evidence against you. They will use their experience in the courts to get you the best chance at an acquittal. If that is not the verdict any possible chance for an appeal will be looked into. They will be sure to make a good case for your getting a reduced charge for a lesser sentence if that is the best that can be done.

 

The Colorado criminal defense attorney is your best chance at keeping your freedom. They should be hired as soon as you are arrested so they have the best chance at bringing in the verdict you want.

 

Tot Ingesting Medical Marijuana Case is Referred to the Boulder District Attorney
Added Monday, June 13th, 2011 at 4:10 PM

The licensing of medical marijuana use may on its surface seem to be a decriminalizing measure for marijuana possession to the ill informed, but as with all new laws incidents not thought of before passage must be dealt with by the courts as they come to light. Take for instance the case involving Colorado two year old mistakenly ingesting medical marijuana while visiting a registered user. It has been investigated and referred to the District Attorney. It will be decided if criminal charges are filed. The mother has spoken with the police and may be asked additional questions. In this case the child luckily, was not harmed. Whether charges are filed or not, it is apparent that marijuana can still be the catalyst for criminal charges being filed in the state.

If you have been arrested for possession of marijuana for personal use or intent to distribute you should hire a Colorado criminal defense attorney. They have the expert knowledge in the new marijuana laws and can offer you the best possible defense in your case. It may be as simple as proving you have gone through the proper procedures to register as person allowed possession of medical marijuana. If it is not that simple a Colorado criminal defense attorney will investigate all records of your arrest and may find there was no reasonable cause for the search that lead to the discovery of the substance. Many other procedures must be followed in an arrest and the Colorado criminal defense attorney knows everyone and will do their best to have the case thrown out, arrange a plea bargain, or have the charge reduced,

With new legislation comes unforeseen circumstances that can lead to new case law and new violators of that law. As in the Boulder case involving the toddler the” jury”, so to speak, is still out. If you find yourself on the wrong side of this new marijuana law and have been indicted, you need a Colorado criminal defense attorney. They are your best chance at keeping your freedom.

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Experience Counts!

At the Liberty Law Center, we understand the stress a criminal charge can cause, and the uncertainty you face. With more than 30 years of experience in Colorado criminal courts, we've defended thousands of people accused of wrongdoing. We know how to get results.

Call us for a free and thorough initial consultation. Let us give you a clear idea of where you stand and how we can help.

Norman R. Thom Bobby Lane Daniel

Norman Richard Thom

Steven Katzman

Bobby Lane Daniel (Retired)

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