A drug defense attorney in Denver handles cases where a client is charged with possessing a controlled substance or possessing drug paraphernalia. State laws and federal laws like the Controlled Substances Act outline the definitions and consequences of various drug crimes. Essentially, the crime of drug possession means someone has the ability and intent to control a controlled substance.
Criminal possession of a controlled substance is defined in two ways—actual possession and constructive possession. Someone who has actual possession of the drugs is actually physically controlling the substance. Usually, this means he or she is carrying the controlled substance and has the ability to control the controlled substance. Constructive possession occurs when the person does not physically possess the drugs but has left them on or around his or her property. A drug attorney must prove constructive possession by showing that the person had knowledge of the drug’s presence and the ability to control the drug.
Depending on the type of drug, the amount of drug and intent, possession of a controlled substance may be a misdemeanor or a felony crime. A drug offense involving possession of a higher amount of controlled substance is more likely to be classified as a felony. If the person had possession with intent to distribute the controlled substance, it is most likely a felony charge. Additionally, certain types of drugs are punished more severely than others. For example, possession of marijuana is usually a misdemeanor while possession of methamphetamines often results in felony charges.
Possession of a controlled substance is a serious drug offense that can result in jail time and fines. Contacting a local drug lawyer can help someone facing these types of charges understand his or her options. Possession of a controlled substance requires knowledge of the drug and the ability to control the drug. A drug lawyer can analyze the circumstances surrounding the charge to show that the defendant lacked knowledge or intent to control the drugs.