Colorado Fentanyl Possession Laws: Charges, Penalties, and Enhanced Sentencing Risks
August 24, 2026
In Adams County court, Denver DUI attorney Jacob E. Martinez achieved a disposition wherein his client, who had been charged with DUID, was able to avoid such a conviction by pleading to Reckless Driving. In this case, Mr. Martinez’s client was found to have a measurable amount of THC in his bloodstream at the time of arrest. However, it was evident to Mr. Martinez that the amount of THC in his client’s system might be insufficient for a prosecutor to [...]
In Gilpin County court, Denver DUI attorney Jacob E. Martinez achieved an outcome in his client’s DUI case where the client pleaded only to a traffic infraction, and the DUI count was dismissed. In this case, the client was contacted by police after making an illegal U-turn. Upon contact, the police suspected the client to be under the influence of marijuana. The client cooperated with police and submitted a blood sample. However, upon close examination of the laboratory test results, [...]
Recently, in Denver district court, Denver criminal defense attorney Jacob E. Martinez negotiated a deferred judgment for a client charged with a serious felony offense. This is an excellent outcome for Mr. Martinez’s client, who was originally charged with a class 3 felony for allegedly unlawfully entering a medical marijuana dispensary. If convicted, an individual charged with a class 3 felony faces between 4 and 12 years in prison, a fine of between $3,000 and $750,000, and a mandatory 5 [...]
In Denver County court, attorney Jacob E. Martinez achieved complete dismissal in a Hit and Run/Failure to Report an Accident case. Mr. Martinez convinced prosecutors that his client did not violate the law when she did not report a highway collision that caused no damage to any vehicle. Under Colorado law, an individual is required to report to police any automobile accident in which either personal injury or property damage occur. If a person fails to comply with this law, [...]
Today, in Denver General Sessions Court, Denver domestic violence defense attorney Jacob E. Martinez achieved a jury trial acquittal on all counts. After a three day jury trial, in which his client was charged with two domestic violence offenses — Assault and Disturbing the Peace — a jury unanimously found the client NOT GUILTY of both charges. Two talented prosecutors tried the case against Mr. Martinez’s client. However, Mr. Martinez forcefully conveyed to the jury that it was his client, [...]
Colorado fentanyl possession charges can become serious felonies at relatively low weight thresholds. The law focuses on the weight of the material, compound, mixture, or preparation containing fentanyl rather than only the amount of pure fentanyl inside it. That means a small-looking quantity of powder or counterfeit pills can result in a much more serious charge once the substance is tested and weighed.
Weight is only part of the case. What the accused person knew, whether the state can prove [...]
Colorado COCCA charges are racketeering charges used when prosecutors claim a person participated in an enterprise through a pattern of criminal activity. These cases often grow out of drug, theft, burglary, fraud, identity theft, or financial investigations that are later reframed as organized conduct.
A COCCA count is not automatic just because several people were charged together or because prosecutors believe more than one crime occurred. The state must prove specific structural elements, including an enterprise and a pattern of [...]
Most criminal cases in Denver do not end with a jury verdict. They end with a decision: whether to accept a plea agreement, reject the offer, keep negotiating, or prepare for trial. That decision can shape your record, your freedom, your sentence, your probation terms, and your future long after the court date.
A plea bargain is not just “taking a deal.” It is a legal agreement that may involve reduced charges, dismissed counts, sentencing limits, probation terms, restitution, treatment [...]