Colorado Springs Criminal Law Blog

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.