Colorado Springs Criminal Law Blog

Federal drug law enforcement agencies are considering a “crackdown” on many Colorado medical marijuana dispensaries, similar to that carried out in California, according to a recent article in the Huffington Post. The crackdown was announced only a few days after several groups turned in sufficient signatures to get the “Regulate Marijuana Like Alcohol” Act placed on the 2012 ballot.

Colorado law permits dispensaries that offer marijuana for medical reasons, but federal law currently prohibits the use of marijuana for any purpose. Recently, several dispensaries that are operating within 1000 feet of a school were sent letters from federal law enforcement warning that they had to shut down. Local laws allow the dispensaries to operate within 1000 feet of schools, but federal law prohibits this.

The Supreme Court decided in the 2005 case Gonzales v. Raich that federal law enforcement agencies could still enforce federal drug laws, even if a particular state had decriminalized or legalized the use of a particular substance. Gonzales v. Raich also focused on medical marijuana use after a California woman was prosecuted by federal officials despite California’s legalization of marijuana for medical purposes.

Being convicted of a drug-related crime in Colorado can have serious consequences, whether the charge is based in federal or in state law. If you or someone you care about is facing a drug charge, please don’t hesitate to call the experienced Colorado Springs drug crime defense lawyers at The Bussey Law Firm, P.C. today. For a free and confidential consultation, call us at (719) 475-2555.

The Governors Highway Safety Association (GHSA), a group of policymakers from around the country, recently announced that it plans to make reducing the rates of drugged driving in Colorado and other states a priority in the coming year. The GHSA called drugged driving a “highway safety issue,” and urges state and federal governments to make cracking down on “drugged drivers” a priority.

Like drunk driving, drugged driving occurs when a person is too impaired by the effects of a prescription, over-the-counter, or illegal drug, or any combination of these drugs or drugs and alcohol, to operate a vehicle safely. All fifty U.S. states currently have laws against drugged driving, but since the effects of drugs can be different on different people and depending on what is in the substance, correctly identifying drugged drivers can be extremely difficult.

GHSA's new policy encourages member states to separate drunk driving and drugged driving in their criminal codes, develop standardized testing procedures for police to use when they stop someone on suspicion of impaired driving, and increase training for law enforcement officers to make them more effective at identifying and arresting those whom they believe may be driving while impaired by a drug or a combination of drugs.

If you've been charged with a drug crime in Colorado, please don't hesitate to call the experienced Colorado drug crime defense lawyers at The Bussey Law Firm, P.C. We have the experience and resources to fight for the best possible outcome in your case while also protecting your legal rights. For a free and confidential consultation, call us today at (719) 475-2555.

The Sheriff’s Crime Reduction Unit, a seven-member squad focusing on Colorado Springs drug crimes, has been temporarily disbanded after a shooting in Colorado Springs left one woman dead, according to a recent news report from KRDO.

Each of the seven unit members were reassigned to other law enforcement groups within the El Paso County Sheriff’s Office and are expected to continue serving as sheriff’s deputies, according to the sheriff’s office. The reassignment follows an incident in which members of the unit were serving a warrant on another, unrelated person, when a woman suspected of escape and driving a stolen vehicle drove over one deputy’s foot as she was trying to leave the area. Another deputy fired a shot into the vehicle, which was later found to have resulted in the driver’s death.

Although the sheriff’s office stated that at least one deputy from the Crime Reduction Unit was involved in the shooting, the office did not specify whether or not the reassignments are related to the shooting. The sheriff’s office also stated that no decision has been made yet about whether or not to make the reassignments permanent. In 2010, the sheriff’s office credited the Crime Reduction Unit with 335 arrests and seizing over $46,000 of methamphetamines.

Convictions for drug-related crimes carry heavy penalties, so it’s crucial to fight to protect your rights if you’ve been charged with a drug crime. At The Bussey Law Firm, P.C., our experienced Colorado Springs drug crime defense attorneys fight for the best possible outcome in each client’s case. For a free and confidential consultation, call us today at (719) 475-2555.

On Tuesday, January 25, a judge ruled that there was barely enough evidence to try a Colorado Springs man to stand trial on charges of drug possession and conspiracy, reports The Colorado Springs Gazette. The man’s former $1 million home purportedly tested positive for methamphetamine.

The judge said the evidence was “pretty close to the line” of what was required, but stated it was up to the jury to decide the man’s case. After a preliminary hearing, the man pleaded not guilty to the charges.

According to investigators, on November 12, 2010, Colorado Springs police arrested the man and his son after a report by an independent industrial hygienist detected meth in the man’s former home in northwest Colorado Springs. Currently, the house is involved in a lawsuit that was filed in September of 2010 by a couple who purchased the house but allegedly could not move in because of drug contamination.

The investigation reportedly began after the man’s ex-wife sent police the report from the hygienist, along with photographs of the home that allegedly showed ammonia, aluminum foil, and rubber tubing that appeared to have crystals formed on it. However, the man’s attorney has argued that prosecutors have failed to show any evidence that meth was manufactured at the house or that the man was aware of it.

The man, who is a former scientist who worked on rocket technology software, is now unemployed and living in a motel as a result of the allegations made against him.

Contact attorney Timothy Bussey if you have been charged with a drug crime in Colorado. Mr. Bussey is a highly skilled and experienced Colorado Springs drug possession lawyer who can help you understand the charges made against you. He has successfully handled many drug crime defense cases and knows what to look for when building a strong case. Mr. Bussey will carefully examine your case and do what it takes to win the best possible outcome. Call Timothy Bussey at 719-475-2555 to schedule your free consultation today.

Since Colorado legalized medical marijuana, the state’s mountain towns have each sought to regulate dispensaries in their own ways, according to a recent article in The Colorado Springs Gazette. The variety of ordinances has created a patchwork of medical marijuana rules across the state, affecting how marijuana-related activity may be considered a crime.

For instance, the town of Steamboat Springs allows only three medical marijuana centers to operate in the city, and they must follow city regulations. Recent acts by the state legislature may force Steamboat Springs to amend its ordinance, allowing more than three medical marijuana centers. The town of Hayden, however, has banned them entirely, fearing they would cause an increase in crime. Vail also banned medical marijuana centers after deciding they created the wrong image for the city.

The patchwork of medical marijuana ordinances across the state can make it difficult to know what types of marijuana use, possession or sale constitute a Colorado drug crime. Although state law permits the use of medical marijuana, it can be easy to transgress city ordinances without realizing it, putting you at risk of a ticket or other legal trouble.

If you or someone you love has been accused of or charged with a drug-related crime, you need the valuable experience of a skilled Colorado Springs criminal defense lawyer. The attorneys at The Bussey Law Firm, P.C. have handled a wide range of Colorado drug cases and will fight to protect your legal rights and seek the best possible outcome in your case. For a free and confidential consultation, call The Bussey Law Firm, P.C. today at 719-475-2555.

This past Columbus Day, 22 Colorado prosecutors spent their day off at a training session with the Colorado Police Academy, according to The Colorado Springs Gazette. The training is part of the requirements all Colorado deputy district attorneys must complete in order to handle complex criminal cases.

The day’s events included practice in deciding when to shoot or not to shoot in a tight situation. The prosecutors used a computer simulation that Colorado police officers also use. The training is designed to help police officers remain calm and make the best possible decision in a dangerous situation where split-second timing matters. The training is designed for prosecutors to better understand cases in which a police officer's decision to shoot or not to shoot becomes a serious issue in a criminal case. The 22 deputy district attorneys who took the training agreed that it helped them better understand the pressure police officers face while on the job.

When a police officer is chasing someone they suspect of a crime, or when a police officer feels threatened, they may overreact and use violence in a situation where it is not necessary. Although police training can help officers avoid bad decisions, when police officers do overreact, the incident can have serious consequences for the suspect. It can also affect the outcome of the case.

If you or a loved one has been charged with a marijuana possession crime in Colorado, an experienced Colorado Springs drug possession lawyer can help. Attorney Timothy Bussey has handled Colorado criminal defense cases for years, and he knows what to look for in a case where the police may have overreacted. He will examine your case carefully and fight hard to win you the best possible outcome. Call Timothy Bussey today at 719-475-2555 for a free and confidential consultation.

A Green Mountain Falls man plead guilty recently to growing 374 marijuana plants at his motorcycle repair shop, according to a recent article in the Colorado Springs Gazette.

Police began investigating the man's repair shop after a neighbor reported seeing several electricians visit the shop on various occasions, as well as an odor of unburnt marijuana coming from the building. While investigating, police also discovered the building's owner had told his neighbor that he wouldn't be “busted” for growing fewer than 100 plants. The building's owner had also offered to install air filters in his building, which cut down on the marijuana scent.

Police then obtained the building's electricity-use records and discovered that the building used five times the amount of electricity used by similar repair shops in the area. Electricity-use records for the man's home showed that his home used four times the amount of electricity used by other neighborhood homes.

In Colorado, the mandatory minimum sentence for having more than 100 plants is five years. However, the defendant in this case qualifies for a lighter sentence under the federal sentencing guidelines' “safety valve” exception, which allows for lighter sentences for nonviolent first-time offenders who cooperate with police. Lighter penalties also apply to growers with fewer than 100 plants.

If you or someone you know is facing a marijuana drug charge in Colorado, please don't hesitate to contact a skilled Colorado Springs marijuana possession defense attorney. A drug crime conviction carries heavy fines and possible jail time. The experienced Colorado Springs criminal defense lawyers at The Bussey Law Firm, P.C. have extensive experience defending those charged with drug crimes, including marijuana offenses. We will work hard to obtain the best outcome possible for your case. Call us today at 719-475-2555 for a free and confidential consultation.

Federal drug charges were recently filed against a man who, according to a Denver Post report, is an authorized medical marijuana grower and smoker under Colorado law. The man’s marijuana operation was mentioned on a Denver television news broadcast in February. On the show, he apparently boasted of making $400,000 from his basement medical marijuana operation. The following day, the Drug Enforcement Administration visited his home. The DEA seized more than 200 plants and charged him with cultivating marijuana, which carries a 5 to 40 year prison sentence and a $2 million fine.

This is the first case of its kind since 2000, when voters approved the use of medical marijuana in Colorado. The man in this particular case was a legal grower of medical marijuana under state law, but federal prosecutors argue that marijuana is illegal under federal law regardless of what state law allows.

Continue reading "Medical Marijuana Growers Worried About Federal Prosecution" »

On March 15, 2010, police arrested two men on drug and weapons related charges in Colorado Springs. According to an article from the Colorado Connection, the first arrest occurred at the Conoco Gas Station on North Nevada Avenue after the suspect allegedly sold marijuana to an undercover detective. The 21-year-old was arrested shortly thereafter and was found to be carrying a loaded, semi-automatic handgun. This gave police probable cause to search the man’s home where another suspect was discovered.

Police confronted the second suspect, who was later taken into custody on an active warrant for the charge of attempted first-degree murder. At the time of arrest, the second suspect also possessed a loaded handgun and had resisted arrest, which was later added to his charges. The first man arrested was charged with distribution of marijuana and carrying a concealed weapon.

According to authorities, a third handgun was recovered during the investigation along with eleven pounds of marijuana, 27 grams of psychotropic mushrooms and $600 in cash. Both suspects were booked into the Criminal Justice Center, pending their respective trial dates.

Continue reading "Two Men Charged with Possession of Drugs and Weapons" »

According to a recent report, last Friday, March 5, 2010, Vail county deputies arrested a 45-year-old man for distribution and possession of cocaine. The man was discovered selling $500 worth of cocaine to undercover officers. He is now being held in the Eagle County Detention Facility on a $50,000 bail.

When police arrived at the detainee’s home in West Vail with a search warrant, they found drug distribution materials in his bedroom. A concerned citizen had informed police about the operation, thereby initiating the investigation. Local police encourage citizen to report tips regarding illegal drug activity via phone or Internet, offering rewards up to $1,000 if an arrest is made.

Drug possession and distribution crimes in Colorado Springs are both serious offenses. Sometimes, drug offenders are offered plea bargain agreements, meaning the acceptance of a guilty plea for lesser sentencing. However, people accused of drug offenses often feel pressured into accepting seemingly good plea bargains that can lead to otherwise avoidable and unfortunate consequences.

Continue reading "Citizen Aides Police in Drug Arrest" »

Police reported last Friday that the brother of a notorious Mexican drug lord of the 1980s was jailed for 17 years for taking part in a marijuana smuggling racket. He was sentenced last Thursday by a federal judge in Colorado. Following the 17-year sentence will be two years of supervised release. He was charged with heading a crime syndicate that imported and distributed marijuana in the U.S. from 1983-1994.

The man, alias “Michael Jackson,” admitted to trafficking over 100 tons of marijuana between 1985 and 1988 and sending over 100 million dollars to Mexico. He had been released to U.S. authorities last year after spending several years in a Mexican prison. The brother of the convicted is currently incarcerated in a maximum-security prison in Mexico for the murder of a U.S. Drug Enforcement Administration officer.

Being charged with a drug offense can have serious effects on a person’s livelihood. In the U.S., all persons accused of offenses are innocent until proven guilty. Often times, people who are accused of committing drug crimes are unaware of their rights and options for legal counsel and defense. If you have been accused of a drug crime, contact an experienced Colorado Springs criminal drug defense attorney who can help you build a strong defense.

Continue reading "Brother of Mexican Drug Lord Sentenced for Trafficking Marijuana " »

The idea behind medical marijuana dispensaries is simple: marijuana is cultivated for individuals whom, in having a valid doctor’s prescription, are allowed to acquire and use the substance to help dull the symptoms, such as pain, associated with their medical conditions. However, according to a reporterherald.com article, Colorado medical marijuana dispensaries are beginning to be associated with crimes and other illegal activity that the dispensaries would like to distance themselves from as much as possible.

Police in Loveland have responded to multiple instances of dispensaries being robbed and private homes used to cultivate the marijuana being broken into by individuals interested in acquiring the substance. Further complicating matters, is the notion that law enforcement isn’t entirely certain how to differentiate between locations that are cultivating marijuana for medical dispensaries and those that do so in order to illegally sell it to others. With so much second-guessing, innocent individuals may be accused of committing illegal acts that should never have been deemed as such.

Continue reading "Instances of Crime On the Rise Near Colorado Marijuana Dispensaries" »

According to Coloradoan.com, 15 people were indicted on 44 felony counts for operating a cocaine distribution ring that stretched from Colorado to Wyoming. The majority of “the suspects were indicted on suspicion of violating the Colorado Organized Crime Control Act,” according to the website. The drug ring allegedly sold cocaine to local Colorado distributers.

The extent of charges to be brought against these individuals is ultimately dependent on their involvement in the day-to-day operations of the drug ring. While the story does point out that some of the individuals were more heavily involved than others, it is important to remember that involvement in any sort of crime does not automatically garner, nor should it, the same punishment for every individual declared to have been involved.

Obviously, as in most enterprises, both legal and illegal, it is commonplace that an individual or group of individuals is usually afforded more authority and control over the enterprise than most other members. In criminal trials, it is vital that those who are in fact involved in a lesser degree are not inappropriately punished, possibly at the expense of allowing a more authoritative individual to sustain lesser charges as a result.

Continue reading "15 Busted in Drug Ring Crackdown" »

Colorado Springs Police have arrested five people on suspicion of distributing cocaine, according to this KRDO news report. The arrests reportedly came after a two-month investigation and a sting operation by the Tactical Enforcement Unit. Officials apprehended one of the suspects as he tried to deliver 923 grams of cocaine to an undercover detective. Four others were arrested while inside another car at the scene of the drug crime in Colorado Springs. Officials further obtained warrants and searched three homes and as a result, seized $8,136 in cash, four cars, two handguns and 1,143 grams of cocaine valued at over $114,300.

Very often, individuals who are charged with drug possession or drug distribution in Colorado are not aware of all their legal rights and options as a defendant. Accepting a seemingly good plea bargain from a prosecutor may seem like an easy way out, but may have devastating and far-reaching consequences in the long run. This can be avoided if you have a competent and skilled Colorado drug defense attorney representing you.

Continue reading "Colorado Springs Cocaine Bust Nets Five Arrests" »

Members of the Larimer County Sheriff's Office arrested six people Thursday who are believe to be involved in a methamphetamine ring north of Fort Collins and seized about an ounce of the drug. A search warrant was served at 345 Airpark Drive, the sheriff's office said in a news release.

The arrests were the result of an ongoing drug investigation. Numerous pills, along with the meth, were seized. The street value of the methamphetamine is about $2,500, the sheriff's office said. One of the suspects arrested, a 22 year old, was booked as a suspect in the Nov. 25 armed robbery of a hotel. He is being held in lieu of a $50,000 bail.

A search warrant can authorize the police to look for specific items in the area described on a warrant. An experienced drug charge defense attorney such as Timothy Bussey can review the warrant and determine if there are any legal deficiencies in the warrant. A successful challenge to a search warrant may preclude the prosecution from using illegally obtained evidence.

Continue reading "Fort Collins Meth Bust Results in Six Arrests" »

Two people living at the house at 13688 Plaster Circle -- 28-year-old Joshua Davis and 25-year-old Jessica Oseles -- were arrested on charges of cultivation of marijuana and possessing illegal drugs. SWAT officers on Thursday found a secret room in the basement of the Broomfield house where a sophisticated marijuana operation was being operated.

The officers found 44 marijuana plants, two pounds of high-grade marijuana, a few grams of psilocybin mushrooms, a bottle of prescription pills and a handgun, North Metro Drug Task Force Commander Tim Hersee said.

"They had an automatic watering system, nutrients feeding the roots, artificial lighting," Hersee said. "They were cloning the best female plant to get exact matches of the marijuana's style and potency”.

Drug Enforcement Officials used a combination of a suspect’s confession that he had purchased a small amount of marijuana from the location and an abnormally high power usage bill to obtain a warrant to search the home.

Continue reading "Bloomfield Pot Operation Results In Arrests of Two Men" »

The Two Rivers Drug Enforcement Team has arrested three men after a traffic stop near a western Colorado canyon where they discovered nearly 900 marijuana plants growing. According to this KKTV news report, the arrest was made after a Garfield County deputy saw a man run out of the woods and jump into a minivan near the town of Parachute. When members of the drug task force stopped the van and searched it, they found a trash bag containing about 10 pounds of freshly harvested marijuana, the report said.

The three men who were arrested on drug charges in Colorado on November 11, 2008 were: Humberto Bautista Flores, 24; German Ortiz-Delgado, 26; and 31-year-old Luis Luna Flores. All three men face felony charges for cultivation and possession of marijuana. Officials reportedly made this traffic stop in the same canyon where the officers had recovered the marijuana plants on September, 24, 2008.

Drug crimes in Colorado often result in serious consequences. If convicted of drug cultivation, possession or possession for sale, you could face tough penalties, probation and a long time behind bars. A skilled criminal defense attorney will be able to look into whether the defendants’ Fourth Amendment rights were violated or an illegal “search and seizure” was conducted. The Fourth Amendment of the U.S. Constitution protects individuals against unreasonable searches and seizures by the government. In drug cases especially, the legality of how the evidence is obtained is frequently challenged. A search may be conducted on your person, at your home or office or even in your vehicle.

If the government has violated your constitutional rights the evidence may be suppressed which may preclude the prosecutor from using the illegally obtained evidence which may result in the state dismissing the case. If you have been charged with a drug crime in Colorado, please call the Law Office of Timothy Bussey to find out how we can help protect your legal rights. Please remember that a knowledgeable and experienced Colorado criminal defense attorney can make all the difference in your case.