Yes, you can be charged with a crime if you are with someone who is in possession of drugs in Colorado. Colorado has some of the toughest drug laws in the country, including the law that allows a person to be charged with a crime for simply being in the presence of the drug. You may not have known the person you were with had cocaine, meth, or other drug in his or her possession; however, the law may not be on your side.
At the Law Office of Andres R. Guevara, our lead attorney, Andres R. Guevara, has experience on both sides of the criminal justice system. As a former drug prosecutor who understands how law enforcement and prosecutors build a case against someone, Andres knows how to challenge drug charges to obtain the best possible outcome in your case. Call our office at (720) 408-2877 to schedule a free consultation.
Colorado’s Complicity Statute
Under Colorado’s complicity statute, you can be charged as an accomplice if you are with someone who is in possession of illegal drugs. Complicity is defined as “the state of being involved with others in an illegal activity or wrongdoing.” If you aided another person in manufacturing, distributing, or purchasing an illegal drug, you can be charged with a crime under the complicity statute. In many cases, the criminal charge will carry the same penalties as the drug charge for the person you were with at the time of the arrest.
For example, cocaine is a Schedule II controlled substance under Colorado Revised Statute §18-18-204 because cocaine is a highly addictive drug even though it has some medical uses. Possession of less than four grams of cocaine is a Class 6 felony with a sentence of up to 18 months in prison and/or a fine up to $100,000. If you are found guilty under a complicity charge, you could face a similar sentence as the person who actually was in possession of the cocaine.
In order to be guilty of complicity, the state must prove that you had knowledge that the crime was going to be committed and you knew that you would be helping in the commission of that crime. Unfortunately, law enforcement officers may not believe you if you tell them you did not know about the drugs; therefore, you will probably be arrested.
Free Attorney Consultation with an Experienced Colorado Drug Defense Attorney
If you are facing a criminal drug possession charge or a charge under Colorado’s complicity statute, contact our office immediately. Depending on the circumstances surround the crime and your arrest, you may have several legal arguments available to defend the charges against you. After a thorough investigation, we may be able to devise a defense strategy that successfully refutes the states allegations that you were complicit in the crime. However, we need to begin work on your case as soon as possible.
Talk to one of our firm’s experienced Denver, CO criminal defense lawyers during your free consultation. Contact our office today.