If you face drug charges in Northern Colorado, you may have several defenses to challenge the prosecution’s evidence. These typically include filing a motion to suppress evidence obtained through an illegal search or seizure, disputing whether you actually possessed the drugs, questioning the crime lab’s testing and the chain of custody, seeking to exclude statements taken in violation of your Miranda rights, and questioning the credibility of informants and witnesses.
If you can successfully challenge key evidence, the prosecution may be forced to reduce or dismiss the charges. However, every drug case is different, and there is no guarantee that your defense will yield a successful outcome. At The Leier Law Office LLC, our attorney is dedicated to helping you develop strategies to protect your rights and defense against the charges you face.
Drug cases often appear airtight on paper. A police report may describe a bag of pills, a digital scale, and a confession. But constitutional violations, sloppy lab work, and assumptions can form the basis of a strong defense. Located in Fort Collins, Colorado, we serve clients throughout Loveland, Greeley, Evans, Windsor, and Northern Colorado. Contact us to schedule a free consultation.
Challenging Illegal Searches and Seizures
The Fourth Amendment of the U.S. Constitution and Article II, Section 7 of the Colorado Constitution protect you against unreasonable searches and seizures. Generally, police need a valid warrant, voluntary consent, or a recognized exception to the warrant requirement to conduct a search.
When building a defense, scrutinize every stage of the encounter. Did the officer have reasonable suspicion to pull you over? Did the officer extend the traffic stop beyond what was necessary to issue a ticket? Was your consent truly voluntary, or did you submit to authority? If police obtained a warrant, did the affidavit actually establish probable cause?
When police cross the line, you and your attorney file a motion to suppress. If the court agrees, the drugs and anything discovered because of the illegal search, known as “fruit of the poisonous tree,” cannot be used against you.
Disputing Possession
Prosecutors must prove that you knowingly possessed the controlled substance. Possession can be actual, meaning the drugs were on your person, or constructive, meaning you knew about and had control over the place where they were found.
Drugs found in a shared apartment, a borrowed car, or a vehicle with several passengers do not automatically belong to everyone nearby, and mere proximity is not enough for a charge to stand. An experienced Colorado drug crime attorney can help you determine who owned or rented the space, whose fingerprints or DNA appear on the packaging, and whether anything specifically connects the substance to you.
If the evidence shows only that you were in the wrong place at the wrong time, our attorney will make sure the jury understands that suspicion is not proof beyond a reasonable doubt.
Questioning Lab Testing and Chain of Custody
The prosecution must prove the substance is actually an illegal drug and, in many cases, how much of it there was. In Colorado, quantity can determine whether you are charged with a misdemeanor or a felony and whether the amount constitutes a drug distribution charge.
Roadside field chemical tests are notoriously unreliable and can return false positives for legal substances. Confirmatory lab testing is more accurate, but it is not immune to error. Our attorney can review lab reports, analyst qualifications, equipment calibration records, and testing protocols, and request independent testing to confirm or challenge the results provided by the prosecution.
The chain of custody matters just as much. Document every person who handled the evidence, from the arresting officer to the lab analyst. Gaps, mislabeled packaging, or unexplained changes in weight raise serious questions about whether the evidence in court matches what was seized at the scene.
Excluding Statements Taken in Violation of Your Rights
Many drug cases rely on something you said to the police. If you were in custody and interrogated without being advised of your Miranda rights, if officers kept questioning you after you asked for a lawyer or invoked your right to remain silent, or if officers coerced any statement through threats or promises of leniency, those statements may be inadmissible. Suppressing an admission can dramatically weaken the prosecution’s case, particularly when the physical evidence linking you to the drugs is thin.
Questioning Informant and Witness Credibility
Drug investigations may depend on confidential informants, who may be working off their own charges or are paid for their cooperation. These incentives give informants strong reasons to exaggerate or fabricate. We can investigate an informant’s background, track record, and any deals offered by law enforcement.
Prosecutors must disclose evidence that could undermine their witnesses’ credibility, and our attorney will hold them to that obligation. If law enforcement relied on an unverified tip to obtain a warrant, that weakness may also support a suppression motion.
Contact Our Experienced Colorado Criminal Defense Attorney
Evidence in drug cases is rarely as solid as it first appears, but uncovering its weaknesses takes experience, careful investigation, and a thorough understanding of Colorado law. At The Leier Law Office LLC, our attorney, Kent Leier, is committed to protecting the rights of those accused of drug crimes. We will review every search, report, and lab result for potential violations and errors that can support the suppression of evidence, reduced charges, or a dismissal.
Located in Fort Collins, Colorado, we defend clients throughout Loveland, Greeley, Evans, Windsor, and Northern Colorado. If you have been charged with a drug offense, contact us today to schedule a free consultation.
