Legal Question in Criminal Law in Colorado

Colorado possesion charge?

In breif. My child overdosed on prescription pain killers at a friends house. He since recovered fine after going to the emergency room. The drugs were stolen from the parents of the friend by their child ,and then given to my child. My child's friend has been charged with possesion and distribution, but we have never heard anything from the police since this happened 3 months ago. I was told my child could be charged with possesion of a class 2 narcotic since he voluntarily injested the drugs. This occured in the State of Colorado and my child was 19 at the time and has no criminal record of any kind. My question is, if he is charged what type of punishment could be expected? Is this something that would involve jail time, or be on his permanent record. Maybe I am just being paranoid since he has not been charged but I want to be informed just in case he is.


Asked on 4/05/07, 2:54 pm

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

Re: Colorado possesion charge?

If your child did not have possession of drugs, other than those in blood stream, then it will be difficult to charge possession, but possible to charge "use of drugs." Depending on the drug, this is a felony 6 (lowest level). Jail is possible, but not likely. A deferred sentence (no conviction) is possible. Since these were prescriptions drugs, the charge may be a misdemeanor.

Most important, tell your child not to make any statements to police or others about the facts. If child is arrested, then get an attorney. Only talk to attorney.

They may not arrest child and the longer time from the event, the less likely to be charged.

contact me if you have more questions

Read more
Answered on 4/05/07, 3:39 pm


Related Questions & Answers

More Criminal Law questions and answers in Colorado