Castle Rock Drug Trafficking Defense Requires Skilled Team

Castle Rock drug crime attorneys know that trafficking charges require a skilled an experienced defense team.

Rather than your average Castle Rock drug crime defense, these cases can be complex, involving intelligent operations spear-headed by networks of individuals who operate underground.

Law enforcement at all levels expend a great deal of resources in trying to penetrate these networks and make arrests. It makes them look good. The penalties for these crimes are also much more serious than what you are going to see with a lower-level, possession-type offense.

That was illustrated in a recent case out of Denver, in which a federal judge sentenced the 43-year-old defendant to 22-plus years behind bars. He was suspected to be a Mexican cartel kingpin who oversaw a $1 billion cocaine-selling operation that cast a web in eight states.

The U.S. District Judge condemned the defendant by saying he was a clear and present danger to U.S. citizens.

According to authorities, the bulk of these alleged crimes occurred between 2002 and 2003. The defendant reportedly had a storage center at a ranch here in Colorado, from which he distributed large quantities of cocaine that eventually made their way to New York, Georgia, Illinois and five other states.

Ultimately, it was an anonymous tip that led to the shut-down of the operation, headed by the U.S. Drug Enforcement Administration.

The main defendant and his brother were among nearly 30 others who were indicted in a Denver court way back in 2003. However, he wasn’t arrested until 2006, when authorities caught up with him in Mexico and had him extradited.

Two years ago, the kingpin’s brother was sentenced to more than two decades in prison, having been convicted of smuggling in huge quantities of the white powder from Mexico to the U.S.

Then last year, the kingpin pleaded guilty in 2011 to charges of money laundering and drug trafficking. His sentencing has only now been handed down.

Considering he was considered one of the top drug dealers in the world at the height of his operation, his sentence could have been much more severe. However, he reportedly provided a great deal of assistance to authorities will in custody, awaiting sentencing.

Castle Rock Drug Crime Penalties Could Lower With Senate Bill

There is a possibility that penalties for Castle Rock drug crime convictions could drop significantly if Senate Bill 163 is passed.

Our Castle Rock drug crime attorneys applaud any measure that includes allowing drug offenders to get treatment, rather than face harsh prison sentences.

Essentially, the law would decrease the punishment for possession of 4 grams or less of certain types of drugs from a Class 6 felony to a Class 1 misdemeanor. For more than 4 grams, offenders’ penalties would be downgraded from a Class 4 felony to a Class 6 felony. Any difference in cost would be routed to a drug treatment program for the individual.

Researchers, in looking at the financial impact of the bill, estimate that in the first year, it would save $2.2 million.

It would seem to us the measure has few downsides. But of course, there will always be detractors.

In this case, police and prosecutors have spoken out against it, saying that it would cost cities and jails more money (we’re still not quite sure how, considering their high cost of incarceration will actually go down), and that it will eliminate the district’s drug court. Drug court has been a good alternative to standard court procedures for individuals facing drug felonies. The issue here would be that if cases are misdemeanors, they would have to be channeled through county court, not district court, where drug court is located.

Supporters, meanwhile, smartly point out this isn’t a new concept. In fact, 20 other states have already passed similar legislation. And this would still leave the manufacture and sale of drugs as felonies.

And while district attorneys say that stiff felony penalties are the way to go in terms of reducing recidivism, the truth is that when someone has a drug addiction, there is very little outside of treatment that will have any impact. The only thing a felony conviction does is make the person less employable, give them less options for housing and cost the state more in terms of incarceration and post-imprisonment supervision.

Opponents worry that reducing the severity of these crimes will send the wrong message to offenders. But the truth is, sometimes treatment is the only message that reaches them anyway.

Castle Rock Drug Crimes Net Harsh Sentences

A former Colorado sheriff has pleaded guilty to allegations that he traded drugs for sex.

 

Our Castle Rock defense attorneys know that no one is immune to the ravages of addiction, regardless of socio-economic status, education or career. Those addictions are often at the root of many crimes. Rather than stiff jail sentences, often what our clients need is help to overcome their substance abuse issues. We fight aggressively to limit jail sentences and increase the probability of treatment instead, particularly for first-time offenders.

In this case, former Araphoe County sheriff Patrick Sullivan, who served from 1984 through 2002, is accused of a felony for possession of methamphetamine and a misdemeanor for solicitation of prostitution. Although he has entered this plea, likely to avoid a circus-like trial, there has not been any information released as to what the sentence might entail. Defense attorneys are aiming for probation, while prosecutors are gunning for jail time.

In sentencing a drug case like this, a judge will take several factors into account. The first of those is whether you have any past criminal history. That could increase your chances of jail time. The second is the type of drug you possess. These are broken down by “schedules.” For example, a Schedule I and II drugs are considered to be the most serious. Schedule I drugs are those with a high risk of dependency and no real legitimate medical use. Some Schedule I drugs include LSD, heroin and peyote. Schedule II drugs are those that are also considered to have a high dependency risk, but might have some legitimate medical use. These would include opium and methamphetamine, like what the sheriff is accused of possessing.

If it’s your first Castle Rock drug charge,  possession of one of these substances is considered a Class 3 felony. That means you could be facing between 4 to 12 years in prison, and up to a $750,000 fine. For a second offense, you could be facing up to 24 years in prison, with a fine of up to $1 million.

The individual who was accused of dealing the drug to the former sheriff, was sentenced to three years behind bars.

Validity of Castle Rock Marijuana DUI Debated

The issue of marijuana DUI in Castle Rock has been raising a number of questions among those in the legal community, here and across the country.

Our Castle Rock marijuana DUI attorneys know that while it is illegal to drive while intoxicated on any substance, the issue of how that is measured has created a very gray area in terms of the law.

This is illustrated in one case that was highlighted in a recent article by The Associated Press. A suburban woman from Denver told the reporter that while she would never get behind the wheel immediately after smoking marijuana, if she were to be tested by a law enforcement officer, her THC levels would likely be off the charts.

That is because her doctor has legally prescribed her marijuana to help ease the tremors of her multiple sclerosis.

“I don’t drink and drive, and I don’t smoke and drive. But my body is completely saturated with THC,” she told the reporter.

State lawmakers are debating the establishment of a marijuana threshold that would determine whether a person is driving under the influence of marijuana. That threshold would be 5 nanograms.

The problem is that marijuana, unlike alcohol, stays in a person’s system for an extended period of time. So while a person may blow a 0.08 alcohol blood content, which would all but prove they had been drinking in the last few hours, a marijuana reading would show that a person had consumed marijuana, but would not be accurate in terms of the time frame. That time element is crucial in proving whether the person is driving intoxicated.

While recent research has linked marijuana use to the risk of a crash – something conservative lawmakers have pounced on – some have pointed out that this research falls short of proving anything scientifically. Use of marijuana was not determined to be the sole cause of many of those crashes, and there was no detailed data involving the dosage  or whether other drugs were present as well.

If you are charged with marijuana DUI in Castle Rock, it’s important that your first phone call be to an attorney.

Denver Marijuana DUI Laws Debated

Lawmakers are mulling over a Denver marijuana DUI statutes might require some revisions.

Our Denver marijuana DUI defense attorneys are not in favor of any measure that impedes on the right of patients to use marijuana for medical ailments.

According to The Associated Press, a bill is being debated that would render someone impaired if they test positive for more than 5 nanograms of THC, the active ingredient in marijuana. A nanogram is one-billionth of a gram.

However, there is argument whether that is an accurate measurement of whether someone is too high to drive.

Under the law as it is now, the state says drivers can’t be under the influence of alcohol or drugs, but it doesn’t set a limit for how much THC can legally be in a person’s system. The problem, as identified by a number of medical marijuana activists, is that impairment can’t be accurately measured by their THC levels. That means that a patient who takes regular doses of the drug could build up a high THC level, and yet be perfectly sober.

Republican sponsors of this bill say a standard needs to be set so that law enforcement has some clear guidelines. They say that smoking marijuana is a privilege, and users shouldn’t be allowed to endanger others.

Those who oppose the measure aren’t saying that it should be Ok to drive high. But the proposed measurement of impairment won’t be fair. They also say it’s no different than ingesting any other prescription drug. Yet there is no blood test ordered for someone who has been prescribed Oxycodone or Prozac.

The issue has become the center of controversy for a number of state committees, where members haven’t been able to come to an agreement.

In Nevada and Ohio, there is a 2 nanogram limit for marijuana. In Pennsylvania, it’s 5 nanograms. In 12 other states, there is a zero-tolerance policy when it comes to marijuana.

Legislators say the bill could cost more than $1 million to implement statewide.

Minor in Possession or Consumption of Alcohol

Underage drinking is a serious issue for many of Colorado’s youth. What may seem like a fun time may lead to some serious consequences for the teens doing the drinking and for the adult who purchased the alcohol. In Colorado, there are two charges commonly issued for underage drinking: Minor in Possession (MIP) or Consumption of Alcohol (MIC). Every year, over 10,000 MIP citations are given out in Colorado.

Colorado Law

Colorado law states that “any person under twenty-one years of age who possesses or consumes ethyl alcohol anywhere in the state of Colorado commits illegal possession or consumption of ethyl alcohol by an underage person.” And “A person has or holds any amount of ethyl alcohol anywhere on his person, or that a person owns or has custody of ethyl alcohol, or has ethyl alcohol within his immediate presence and control” is considered possession of alcohol. Of course, these charges combined with operating a motor vehicle can have devastating consequences.

If convicted of a Minor in Possession or Consumption of Alcohol charge, the minor can face the following penalties:

First Offense of MIP or MIC in Colorado

On the first offense of a MIP or MIC in Colorado, a fine of up to $250 can be issued. The underage person may be required to provide up to 24 hours of community service, and an alcohol evaluation and treatment plan may be required. The driver’s license of a first time offender may be revoked for up to three months.

Second Offense of MIP or MIC in Colorado

On the second offense of a MIP or MIC in Colorado, a fine of up to $500 can be issued. The underage person may be required to provide up to 24 hours of community service, and an alcohol evaluation and treatment plan may be required. The driver’s license of a first time offender may be revoked for up to six months.

Third Offense of MIP or MIC in Colorado

For the third, or subsequent, offenses the penalties become much more harsh. The third offense is a Class 2 Misdemeanor that can bring six to 18 months in jail, fines of up to $1,000 and loss of license for one year. In addition, alcohol assessments and treatment programs are almost always required and must be paid for by the individual.

Denver Police Crack Down on Marijuana Growers

This past week had Denver police officers kept busy with an operation referred to as “Operation Sweet Leaf” that has sixteen people charged with racketeering, marijuana distribution and money laundering. Police swept the city and raided dozen of homes across the metro Denver area thought to be part of a large marijuana growing operation.

The homes were found in Adams County, Weld County, Broomfield, Erie, Breckenridge and Denver. Multiple agencies were involved in the planning and investigations, including the Drug Enforcement Administration, the Internal Revenue Service and local police forces. The North Metro task force was the head of the investigations.

Officers involved in the raid served search warrants at 25 houses, in addition to the sixteen arrests. Over 1,000 marijuana plants were confiscated. While police are stating that there is no link to the state’s medical marijuana system, some people are skeptical.

There are rumors that some of the arrested people may be medical marijuana caregivers. In Colorado, a medical marijuana caregiver is a small provider that serves approximately five patients at a time and grows the marijuana in the home. There is confusion surrounding the legalities and requirements for caregivers, and this confusion may put the providers in the cross hairs of the investigations.

More arrests are expected as the investigations unfold. If you or someone you care about is a medical marijuana caregiver and concerned about the current investigations in the Denver metro area, speak with an experienced Colorado criminal defense attorney to understand your rights.

Colorado Drug Possession: What Now?

Being charged with drug possession in Colorado is no laughing matter. Depending on the amount of the illegal substance you are found with, and the circumstances surrounding the arrest, you could face serious, if not life altering penalties for the charges if found guilty. If you have been arrested for possession, there are a few things you should keep in mind before your court date approaches.

Possible Penalties for Colorado Drug Possession

Nearly all crimes that relate to drug possession are punishable by time served in prison. Failure to appear for court will most commonly land you in prison for six months as a minimum, so be sure to keep track of your court date. If the amount was less than an ounce, and you have no previous criminal record, you may be lucky and be considered a “petty offense” with a $100 fine. More than one ounce of illegal substances will be a misdemeanor charge, which usually brings six to eighteen months in jail and a large fine. Anything over eight ounces is a felony charge, which will likely result in up to a year and half in jail, a suspended drivers license and a very large fine.

Do You Need a Colorado Criminal Defense Attorney?

When you consider the hefty penalties for drug possession charges in Colorado, the better question to ask is “Can you afford not to have an attorney?” An experienced lawyer will have handled hundreds, if not thousands, of Colorado drug possession cases in his or her career.  An experienced attorney understands the court system, likely knows the judges that will handle your case, and has the expertise to negotiate on your behalf to help you get a lesser sentence if your charges cannot be dropped altogether.

The law offices of Ellmann & Ellmann PC, in Castle Rock, Colorado have years of experience defending drug possession charges, from the smallest petty offenses to complex cases involving large quantities of controlled substances.

Medical Marijuana and DUI Law

Research has shown that patients that have prescriptions for medical marijuana are considered “chronic” users and thus have a higher tolerance level than those that use the drug recreationally. This may not seem like a big deal, but it could have some serious repercussions in January if the Colorado legislature sets the law that limits the amount of TCH nanograms that drivers can have in their systems to be considered driving under the influence.

In 2011, law makers could not come to an agreement on the amount of TCH that would qualify a driver as too impaired to drive. They considered levels between 2 nanograms and 8 nanograms. While a recreational user of cannabis may be seriously impaired with 2 nanograms in their system, a person that medicates regularly and has a Colorado Registry Card may not feel the effects of 2 nanograms, let alone be impaired behind the wheel.

If a TCH level is passed by the legislature, you will be presumed to be driving under the influence of drugs, and the results of the test that detects the THC nanograms will be used as evidence against you. The result could be automatic loss of license, without tolerance taken into consideration.

Drivers charged with a driving under the influence of drugs charge in Colorado face two separate cases. The civil case is handled by the DMV and can result in the loss of license, while the criminal case is handled in a criminal court room and the judge can choose to require time spent in jail.

If you are accused of driving under the influence of drugs and have a Colorado Registry Card, seek the help of an attorney that is experienced with medical marijuana DUI cases.

 

Woman to Stand Trial for Killing Baby With Breast Milk

A judge recently ruled that there was enough evidence for a 26-year-old woman to stand trial on charges of child endangerment and involuntary manslaughter in the death of her son, as reported in a recent Times-Standard report. The woman is accused of killing her six-week-old son with methamphetamine-laced breast milk as a result of using the drug while breastfeeding. She faces nine years in jail if convicted.

The woman was arrested while in police custody for a probation violation for a previous conviction. There was a two-month investigation leading up to her arrest, after her son was rushed to the hospital because he was not breathing. Toxicology and autopsy results later revealed the cause of death was methamphetamine toxicity. The woman’s then 19-month-old daughter also tested positive for methamphetamine. Child Welfare Services has since taken the child into protective custody. The woman tested positive for the drug while she was six-months pregnant with her son, according to court documents. She later admitted using the drug during her pregnancy and after the birth of her son.

The woman had posted bail in this case, but was later arrested again after violating probation by testing positive again for methamphetamine. She is currently being held without bail.

This woman would get no sympathy in a court of law in any state, much less Colorado. However, if this trial was to be held in Colorado, her Colorado criminal defense attorney would see to it that she receives fair treatment under the law. He would map out a solid defense strategy, regardless of his own personal feelings on the matter. He would also explain the laws to her in a way she can understand and be totally straight about the harsh penalties she faces. She would face a very long prison sentence for the combined manslaughter and child endangerment charges. Being a repeat drug offender would make her Colorado criminal defense attorney’s work that much harder, but she could be assured that he would give her nothing less than his best effort.