Grand Junction Heroin Defense Attorneys
Heroin is one of the most addictive street drugs in existence, destroying hundreds to thousands of lives across Mesa County. Given the serious nature of this drug and the modern medical understanding of addiction, defendants do not need harsh judgments from the courts – they need fair and compassionate help with recovery. Unfortunately, a Grand Junction courtroom will issue harsh penalties for anyone convicted of possessing or selling heroin, rather than focusing on the source of the problem.
If you or someone you love has been arrested for a heroin-related crime in Grand Junction, reach out to the trial attorneys at Peters & Nolan, LLC. We understand the laws surrounding controlled substances in Colorado, how they are prosecuted, and, most importantly, how to protect your future. Our Grand Junction heroin defense lawyers can begin planning your defense in a free consultation. Call us today at (970) 243-4357 to protect your rights.
Heroin is classified as a Schedule I controlled substance in Colorado. Schedule I contains drugs that are thought to have no medical use and are highly addictive. Heroin is one of the deadliest illegal drugs, accounting for over 14,000 overdoses in a single year, and affecting more than 940,000 Americans.
Heroin use is also linked to other serious drugs, such as prescription painkillers like Vicodin and Oxycontin. All of these drugs are opioids, which are used to treat chronic pain after serious injuries, despite the high risk of addiction. It is not uncommon for someone to develop a heroin addiction after being involved in an accident and being prescribed painkillers. In the long run, heroin can lead to serious health effects, but specialists have developed treatments for addiction. Behavioral therapy, monitored withdrawal, controlled drug treatments, and reliable support systems are all proven ways to help addicts break out of the cycle of heroin addiction. However, many individuals face incarceration for heroin-related crimes rather than receiving the proper treatment they need.
Despite Colorado’s seemingly liberal stance on drug use, heroin is still heavily punished in our state. The most common drug crimes a defendant can face involving heroin include:
Use: Colorado classifies heroin use as a Class II Drug Misdemeanor, the lightest possible charge for a drug crime. “Use” means that you ingested it willingly, meaning you cannot be charged if you were not aware that you were given heroin or someone forcefully injected it into you. Heroin use can lead to jail time and court fines, but for first-time offenders, the court will focus on rehabilitation and treatment.
Possession: Possessing heroin is a Class I Drug Misdemeanor and applies when a defendant is arrested for having up to four grams of heroin in their possession. A conviction is only possible when the defendant was aware that they possessed heroin. For example, a defendant should not be convicted if they were not aware that there was heroin in the trunk of their car, put there by someone else. Multiple possession charges, or possession of more than four grams of heroin, can lead to a Class IV Drug Felony, which may lead to incarceration in a state prison.
Trafficking: Trafficking is the most serious drug charge you can face, and applies to any scenario in which a defendant attempts to sell heroin, possesses heroin with the intent to sell it, processes or purchases equipment to process heroin, or illegally transports heroin. Traveling across state lines with heroin may lead to a federal investigation by the Drug Enforcement Administration.
Heroin charges can either be misdemeanors or felonies depending on the specific crime. With a misdemeanor, the defendant is more likely to receive rehabilitation, treatment, and probation instead of jail time. However, this will all depend on the strength of your defense and the nature of your arrest.
The main penalties for heroin use include:
- Up to 120 days in jail;
- Up to $500 in fines;
- Drug treatment and rehabilitation; and/or
- One year of probation.
Possession charges are based around the quantity of heroin allegedly in your possession, with up to four grams leading to:
- Up to 18 months in state prison;
- Up to $5,000 fines; and/or
Selling or trafficking heroin comes with the harshest punishments, but these will depend on the quantity of drugs involved in the arrest and the circumstances of the sale. Selling less than seven grams can result in a Level III Drug Felony and up to four years in prison, but it can be elevated to six years if the sale involved a minor.
The laws surrounding heroin are complex. To beat your charges, you need to work with a lawyer who can thoroughly investigate your case, research alternative sentencing options, and fight to keep you out of jail. At Peters & Nolan, LLC, we are skilled trial attorneys who know how to present our clients’ cases in front of juries to reach “not guilty” verdicts. We will not rest until you are given the best outcome possible in your case.
If we represent you in a Grand Junction court, we can argue that:
- You were not aware that you possessed heroin.
- You knew you possessed a drug, but you were not aware it was heroin.
- You did not possess enough heroin for use or to distribute.
- You did not use heroin and were going through withdrawal at the time of your arrest.
- The police illegally searched your property to collect evidence.
- Your drug test showed a false positive.
Defendants in heroin cases deserve compassion and support, but Mesa County courts often dismiss their addictions and force them behind bars for minor offenses. To avoid jail time, you need the expertise of a Grand Junction drug crime defense lawyer at Peters & Nolan, LLC. We know you are in a difficult situation and are afraid for your future. Let us fight to get you the best possible outcome, as we have for numerous other clients throughout Grand Junction. Call us today at (970) 243-4357 to discuss your options in a free consultation.
Peters & Nolan, LLC is your ideal source for high quality legal representation throughout the state of Colorado. Known for being personable and responsive, attorneys Andrew J. Peters and Andrew Nolan are aggressive trial lawyers with an excellent record of trying and settling cases in criminal defense, DUI/DWAI and personal injury.