Criminal Defense Lawyers

Drug Trafficking Lawyers Denver

You Just Got Arrested for Drug Trafficking in Denver—Now What?

2.7 million. Thats how many fentanyl pills Colorado law enforcement seized in 2024 alone, and if your sitting in a holding cell or just posted bond wondering how you became part of that statistic, I need you to take a deep breath because what happens in the next 72 hours could determine whether you spend the next decade behind bars or walk away with your freedom intact.

Look. I know your panicked right now. Your phone’s been ringing nonstop, you dont know who to trust, and every Google search your doing is just making the fear worse because the numbers are terrifying—8 to 32 years in a Colorado state prison for a Level 1 felony drug trafficking conviction. Thats not a typo. Thats the reality your facing.

And heres the thing. You might be thinking this is all a huge mistake, that you were just in the wrong place at the wrong time, or maybe you knew what was happening but you didnt realize the weight thresholds in Colorado are so much lower then other states. Doesnt matter right now. What matters is that the prosecution already has a file with your name on it, and their building a case based off what they seized, what you said, adn what they think they can prove.

Heres the deal: I’ve been defending people accused of drug trafficking in Denver for over fourteen years, and I can tell you that the difference between clients who end up doing serious time and clients who get their charges reduced or dismissed usually comes down to what they did in those first critical days after arrest. Did they talk to police without a lawyer? Done. Did they wait two weeks to hire someone who actually knows Colorado’s drug statutes? Almost as bad. Did they hire their cousin’s DUI attorney who hasn’t handled a trafficking case since 2008? You can see where this is going.

This article isnt going to sugarcoat anything—your in serious trouble, and you need to understand exactly what “drug trafficking” means under Colorado law, what penalties your actually facing, and what defenses might apply to your specific situation. But I also want you to know that an arrest isnt a conviction, alot of trafficking cases have serious problems with how evidence was collected, and having someone who knows how to challenge the state’s case can make all teh difference between a future and no future at all.

What Exactly Is Drug Trafficking Under Colorado Law?

Real talk: most people arrested for “drug trafficking” in Denver dont actually understand what their charged with because Colorado’s statutes use language that doesnt match how normal people talk about drugs. So lets break down exactly what the state has to prove and why the charges your facing might be different then what you think.

Under CRS 18-18-405, drug trafficking in Colorado means selling, distributing, manufacturing, dispensing, or agreeing to do any of those things with a controlled substance—but heres where it gets tricky and why you cant just assume this is like a possession charge. The statute sets specific weight thresholds that automatically trigger trafficking charges regardless of whether you were actually selling anything, and these thresholds are based off the type of drug and its schedule classification.

I know what your thinking: “Wait, so I can get trafficking charges even if I wasnt selling?” Yes. Absolutely yes. If you possess 225 grams or more of any Schedule I or II substance (thats about half a pound), Colorado law presumes your trafficking. For methamphetamine or heroin, that threshold drops to just 112 grams. For fentanyl? Fifty grams. Thats it. Two ounces of fentanyl could of been for personal use in your mind, but in Colorado’s eyes, your a trafficker facing a Level 1 felony.

Let me back up for a second because actualy the distinction between possession, distribution, and trafficking matters alot for your defense strategy. Simple possession means you had drugs for personal use—still illegal, but usually a misdemeanor or low-level felony depending on amount and substance. Distribution means you sold or gave drugs to someone else, which is more serious. Trafficking is the top tier, and its what prosecutors charge when the weights cross those statutory thresholds or when they have evidence you were part of a larger operation moving drugs across state lines or in significant quantities.

Now, the drug schedule system—this is important even though its boring. Colorado follows the federal classification system with five schedules. Schedule I drugs (like heroin, LSD, ecstasy) have “no accepted medical use” and high abuse potential. Schedule II includes cocaine, meth, and fentanyl—high abuse potential but some medical uses. Schedules III through V are progressively less restricted (think prescription pills), but you can still catch trafficking charges for them if the weights are high enough, just with lower penalties then Schedule I or II.

What does this mean? It means the difference between a Schedule I trafficking charge and a Schedule IV charge could be 15 years of your life, so identifying exactly what substance the state is alleging you trafficked isnt just a technicality—its everything.

Heres something most people miss until its too late: Colorado has whats called the “aggregate offense rule” under CRS 18-18-405(5), which allows prosecutors to combine multiple smaller amounts from different transactions or seizures into one mega-charge if they can show it was all part of the same course of conduct. So even if you never had 225 grams at once, if they can prove you sold 75 grams three different times over two months, they’ll add it up and charge you with Level 1 trafficking anyways. I’ve seen clients completely blindsided by this because they thought each individual sale was below teh threshold and therefore “safer.” Wrong.

The bottom line—and I need you to really hear this—is that drug trafficking charges in Colorado arent based on whether you think of yourself as a “drug dealer” or whether you were just holding product for someone else or whether this was your first time doing something stupid. Their based on weights, schedules, and what the prosecution can prove about your intent, and once you cross those statutory thresholds, the mandatory sentencing ranges kick in and your looking at years, not months.

Permanent.

Thats what a Level 1 felony conviction means for your record, your job prospects, your ability to rent an apartment or vote or own a firearm. So understanding these distinctions isnt academic—its about knowing exactly what battlefield your standing on so we can figure out how to fight back.

How Much Prison Time Are We Actually Talking About?

Look, I get asked this question every single day, and I wish the answer was simpler. But the penalties is actually structured in four different levels in Colorado, and—wait, this is important—the differences between them can literally mean decades of your life. So lets break this down in a way that actually makes sense.

Level 1 drug felonies are the absolute worst. Were talking 8 to 32 years in prison. Up to one million dollars in fines. Three years of mandatory parole after you get out. This is reserved for large-scale operations, and honestly, its designed to destroy your entire life. Most people… well, many people anyway… dont realize that certain locations trigger an automatic Level 1 charge. If your within 1,000 feet of a school, youve just walked into Level 1 territory whether you knew it or not. I’ve seen someone get hit with this for a deal that happened in there car two blocks from an elementary school they didnt even know existed.

Level 2 drops down to 4 to 8 years, or up to 16 if theres aggravating factors. The fine can go up to 750 thousand dollars, and your looking at 2 years mandatory parole. This is where alot of mid-level distribution cases land. In my experiance, prosecutors love Level 2 charges because their serious enough to scare people into pleading but not so extreme that juries refuse to convict.

Level 3 brings us to 2 to 4 years, or 6 years aggravated. Fines up to $500,000. Level 4 is the lowest—6 months to 1 year, or up to 2 years aggravated, with fines reaching one hundred thousand dollars. But dont let the “lowest” label fool you. A year in prison is still a year of your life gone, and the collateral consequences—losing your job, your housing, your professional licenses—those dont care what level felony it was.

Now, about those aggravating factors. Usually… I should say typically… the big ones are school zones (which I already mentioned), selling to minors, and having weapons involved. The school zone thing is particularly brutal in Denver because schools are everywhere. That 1,000-foot radius is massive. I’ve actually mapped it out for clients before, and they’re always shocked at how much of the city falls within that zone. One client thought he was safe because he was “a few blocks away”—turns out he was 950 feet from a school. For all intensive purposes, he might as well have been standing in the playground.

And then theres mandatory minimums, which is a whole other nightmare. These are sentences that the judge cant go below no matter what. Even if the judge thinks your case deserves probation, even if you’ve got the most sympathetic circumstances imaginable, there hands are tied. The statue of limitations might let prosecutors wait years to charge you, but once their ready, these mandatory minimums mean the judge has no discretion. I’ve watched judges literally apologize from the bench before handing down sentences they clearly didnt want to give.

What makes this even more complicated is that aggravating factors dont just increase the penalty—they can bump you up an entire level. A Level 3 case can become Level 2 if you had a gun in the car, even if it wasnt loaded, even if it belonged to someone else. The prosecution dont have to prove you intended to use it. They just have to prove it was there and you knew about it, and suddenly were talking about years of additional prison time.

Actualy let me back up because I need to explain something about how these penalties actually get applied. The statute gives ranges, but judges have whats called “sentencing discretion” within those ranges. So for a Level 2, the judge can give you anywhere from 4 to 8 years (or up to 16 aggravated). What determines where you land in that range? Your criminal history, the specific facts of your case, whether you cooperate, whether you go to trial or take a plea, how good your lawyer is at mitigation—it all matters. I’ve seen nearly identical cases get wildly different sentences because one defendant had an attorney who knew how to present mitigation evidence and the other had someone who just showed up and asked for mercy.

The parole periods are mandatory, by the way. You cant get out of them. Even if you serve your entire sentence perfectly, you will spend years under supervision after release. Violate parole—miss a meeting, fail a drug test, hang out with the wrong person—and your going right back to prison to finish the original sentence. Its like a trap door that stays open for years after you think your free.

One more thing that supposably doesnt matter but absolutely does: prosecutors use these penalties as leverage. They’ll threaten you with Level 1 charges to force you into pleading to Level 2. They’ll stack charges—possession, distribution, conspiracy—so that your facing multiple sentences that could run consecutively. Then they offer to drop most of it if you plead guilty to one charge. Its a system designed to avoid trials, and it works because the risk of loosing at trial is so catastrophic that most people cant afford to take it.

Will Your Case Go Federal? Heres How to Know

This is where things get exponentially worse. Federal drug cases have a conviction rate over 90%, compared to 70-75% in state court. Federal mandatory minimums are longer, federal prosecutors have unlimited resources, and federal judges have less sentencing discretion. So yeah, whether your case goes federal is kind of a huge deal—and this is crucial—you need to understand the triggers that make it happen.

The big one in Colorado is the interstate corridors. I-70 and I-25 are federal highways, and the DEA watches them like hawks. Evidence show that approximately 70% of drug traffic on I-70 is headed to Denver, which makes it a primary target for federal interdiction. If your pulled over on I-70 or I-25 with any significant quantity of drugs, theres a very good chance the case gets kicked to federal court. The agencies has task forces specifically dedicated to these corridors.

Large quantities are another automatic federal trigger. Were talking weights that suggest distribution networks, not personal use. Under 21 USC § 841, 500 grams of cocaine carries a mandatory minimum of 5 years federal prison. Five kilograms gets you 10 years mandatory. And these are real mandatory minimums—the judge literally cannot sentence you to less unless you qualify for the safety valve, which we’ll get to in a minute. Probly will… I should say—I dont want to guarentee anything—but most people with those quantities are looking at federal charges.

DEA involvement is the third major trigger. If the Drug Enforcement Administration is investigating you, your case is federal. It doesnt matter if the arrest happened at the state level. Once DEA is involved, they can “adopt” the case and prosecute it federally. I’ve seen state cases that looked manageable suddenly become federal nightmares because DEA decided they were interested. Sometimes it happens because the defendant has connections to larger organizations. Sometimes its just bad luck—you got arrested on a day when DEA was working with local police.

Speaking of larger organizations, cartel connections will absolutely push your case federal. The Sinaloa Cartel and CJNG (Jalisco New Generation Cartel) operate heavily in Colorado, and federal prosecutors prioritize cases with any link to these groups. Even if your just a low-level courier, if the drugs can be traced back to a cartel supply chain, federal prosecution becomes much more likely. One might think that being a small fish would protect them, but actually the feds use small fish to build cases against bigger targets. We often see defendants facing enhanced sentences specifically because prosecutors want leverage to flip them.

The conviction rate difference is stark, and it affects everything. Federal prosecutors dont bring cases there not confident they can win. Their case load is smaller, they’re more selective, and they have resources that state prosecutors can only dream about. DEA agents, FBI, wiretaps, confidential informants with federal protection, expert witnesses—it’s an overwhelming machine. In state court, you might have a chance if the evidence is weak or the stop was questionable. In federal court, they’ve usually built an airtight case before they even indict you.

Now, the safety valve provision under 18 USC § 3553(f) is one of the few ways to get around federal mandatory minimums. To qualify, you cant have more than one criminal history point, you cant have used violence or weapons, you cant have been a leader or organizer, you have to truthfully provide all information about the offense to prosecutors, and you have to cooperate. Most people… well, many people anyway… dont qualify because of the criminal history requirement alone. If you’ve got any prior felony, your probly out of luck.

The difference in legal strategy between state and federal is night and day. In state court, we might fight the stop, challenge the search, question the lab results, put on a defense at trial. In federal court—actualy let me back up because this is important—in federal court, the focus shifts heavily toward cooperation and mitigation. Not because your lawyer isnt willing to fight, but because the odds of winning at trial are so low and the penalties for loosing are so catastrophic that cooperation becomes the most viable path. Federal prosecutors have something called “substantial assistance departures” where they can recommend lower sentences if you help them with other cases. Sometimes that’s the only way to avoid decades in prison.

Location matters in weird ways too. A case in Denver proper might stay state, but the same case in a smaller Colorado town might draw federal attention because local prosecutors dont have the resources to handle complex drug cases. I’ve seen identical fact patterns get treated completely differently based solely on geography, which seems wrong but that’s how the system works.

One last thing about federal cases: the timeline is different. State cases might resolve in 90 days or ninty days if your lucky, maybe ninety days if things are slow. Federal cases drag on for months or even years. The investigation phase alone can last longer than an entire state case. Your looking at more time in pre-trial detention, more time under the stress of pending charges, more time away from your family and job. Even if you ultimately get a better outcome through cooperation, the process itself is punishing in ways that are hard to quantify.

Why Fentanyl Cases Are Different in 2025

Look. If your facing a fentanyl charge in Denver right now, you need to understand something: this isnt like other drug cases anymore. Not even close. The rules changed in 2022 with HB22-1326—the Fentanyl Accountability and Prevention Act—and they changed hard.

Heres what that law did. It made possession of 1 gram or more of fentanyl an automatic felony. Even if its you’re first offense. Even if you’ve never been arrested before in your life. One gram. Thats about the weight of a sugar packet, maybe a paperclip. And jsut like that, your looking at a felony record that follows you around forever.

But it gets way worse if their accusing you of distribution. If someone dies from fentanyl you allegedly distributed? Thats a Level 1 drug felony in Colorado now. We’re talking up to 32 years in prison. Thirty-two years. Let that sink in for a second—thats more time than some people get for manslaughter. I had a client once who was charged wiht distribution causing death and the DA wanted—actually, I shouldnt share that.

The numbers in 2024 were kinda insane. Law enforcement seized 2.7 million fentanyl pills across Colorado last year. 2.7 million. And there were 1,631 confirmed fentanyl overdose deaths in the state. Thats more than four people every single day dying from this stuff. So when prosecutors say they’re taking these cases seriously, they mean it. Way more aggressive than they used to be.

Every single fentanyl case—and I mean every one—traces back to either the Sinaloa Cartel or CJNG (Cartel Jalisco Nueva Generación). The DEA has made that connection pretty clear. So even if your just some low-level person who got caught with a few pills, the federal government sees you as part of a massive international trafficking operation. Fair or not, thats the reality.

And then theres DA John Walsh, who was sworn in January 2025. He’s made fentanyl prosecution one of his top priorities—said so in his first press conference. His office isnt offering the same kind of plea deals they used to. Their going after people harder, asking for longer sentences, fighting cases that might’ve been resolved with probation five years ago. Seriously.

Now, there is one thing that might help if someone overdoses and you call 911. Colorado has a Good Samaritan provision that’s supposed to protect people who seek medical help during an overdose. If you call for help, you shouldnt be prosecuted for simple possession. But—and this is important—that protection doesnt extend to trafficking charges. It doesnt cover distribution. It doesnt cover if they find scales, baggies, large quantities, text messages about sales. The Good Samaritan law is narrow. Really narrow.

I’ve seen cases where someone called 911 trying to save a friend’s life, and they still got hit with distribution charges because of what police found at the scene. The law was supposed to encourage people to get help without fear, but in practice, its not always that simple. Your probly wondering if you should call or not if something happens—I cant answer taht for you, but I can tell you the law as it exists isnt as protective as people think.

Bottom line: fentanyl cases in 2025 are treated almost like violent crimes. The penalties are severe, the prosecutors are motivated, and the public pressure to “do something” about the fentanyl crisis means your case is going to be fought hard by the DA’s office. Third, the federal angle… I’ll come back to that. If you’re charged with anything involving fentanyl, you need a lawyer who understands these specific laws and how they’ve evolved. Period.

Can You Actually Beat a Drug Trafficking Charge in Colorado?

Yes. You can. But lets be honest—it aint easy, and it requires a defense attorney who actually knows what their doing and isnt just going through the motions trying to get you to plead out. There are real strategies that work, and I’ve seen them work, but you have to fight smart.

The most powerful tool in any drug case is the Fourth amendment. Or Fourth Amendment. Whatever. If the police violated your constitutional rights during the search or seizure, everything they found can be thrown out. This is called the “fruit of the poisonous tree” doctrine—if the tree (the search) is poisonous (illegal), then the fruit (the evidence) cant be used against you.

Look at Colorado v. Brown from 2018. Police did an inventory search of a vehicle and found drugs. Seems routine, right? Wrong. The Colorado Supreme Court reversed the conviction because the inventory search wasnt conducted according to proper procedures. The search was illegal, so the evidence disappeared. Case over.

Or People v. Rodriguez, where police detained someone for 90 minutes during what was supposed to be a routine traffic stop. The court said that exceeded the reasonable scope of the stop. Way worse for the prosecution—they lost they’re case entirely because the detention was too long.

But heres the thing: these Fourth Amendment challenges require a lawyer whos willing to file motions, do the research, argue the law. A lot of public defenders are overworked and dont have time. Not good. A lot of bargain attorneys just want to plead you out quick. Also not good. You need someone whos actually going to challenge the legality of the stop, the search, the seizure. Every detail matters.

Then theres the confidential informant problem. Only 40% of Denver Police Department informants have been proven reliable, according to a Denver Post investigation. Think about that. More than half are unreliable. And get this: 90% of confidential informants have criminal records theirselves. They’re motivated by getting reduced charges, by getting paid (yeah, they get money sometimes), or by personal vendettas against the person their setting up.

I’ve had cases where the entire investigation started because of a CI who was facing 10 years and suddenly “remembered” my client was trafficking. Convenient, right? When you dig into the CI’s background and motives, sometimes the whole case falls apart. Seriously. More on this later. (Actually, no, I covered it.)

Another huge defense: constructive possession. If drugs were found in a shared vehicle or a shared residence, the prosecution has to prove that you knew about them and had control over them. Just because drugs were in the apartment doesnt mean they were yours. Maybe they belonged to you’re roommate. Maybe they belonged to someone who visited last week. Colorado courts have said that constructive possession cases are “inherently weak” without additional evidence linking you specifically to the drugs.

I won a case last year—30 days after arraignment, actually, 21 business days—where my client was arrested because drugs were found in a car he was riding in. He wasnt driving. The drugs werent on his person. There were three other people in the vehicle. The prosecution couldnt prove he even knew the drugs were there, let alone that he had control over them. Not guilty. Forever off his record.

Then you’ve got chain of custody issues. In People v. Rodriguez (2022)—different Rodriguez—a conviction was reversed because the prosecution couldnt establish proper chain of custody for the evidence. Who handled it? When? Where was it stored? Was it tested correctly? If theres any break in that chain, if the lab made errors (and they do), the evidence can be challenged or excluded entirely.

Lab testing errors are more common than people realize. Sometimes the lab reports show the substance tested positive for cocaine but theres no documentation of who transported it from the scene to the lab. Sometimes the evidence bag was tampered wiht or wasnt properly sealed. These arent just technicalities—this is your life we’re talking about. This matters. It realy matters.

Entrapment is another defense, though its harder to prove. You have to show that law enforcement induced you to commit a crime you wouldnt have otherwise committed. If an undercover officer or CI pressured you, threatened you, or basically created the crime, thats entrapment. But you cant just say “they asked me to do it” and win. You have to prove you werent predisposed to commit the crime in the first place. Its a high bar, but in the right case, it works.

And then theres the issue of weight and quantity. Colorado law sometimes charges people based on the weight of the entire mixture, not the pure drug. So if you had a pound of marijuana edibles, they might weigh the whole brownie, not just the THC content. That can turn a minor charge into a trafficking charge real quick. A good attorney will challenge the weight calculations, demand retesting, argue that the mixture weight shouldnt apply. It’s not a mute point—it can reduce you’re charges significantly.

Trust me on this: the prosecution isnt perfect. They make mistakes. Police cut corners. Labs get sloppy. Informants lie. Evidence gets mishandled. If you’re defense attorney is paying attention and actually fighting, there are vulnerabilities in almost every drug trafficking case. Not every case can be won, but way more cases can be fought successfully than most people realize. Never assume its hopeless. Never.

What Happens Next? A Timeline of Your Case

Okay so you’ve been arrested for drug trafficking in Denver. What actually happens next? The timeline is tight—way tighter than most people realize—and if the court or the DA misses certain deadlines, you might walk free. I should mention—actually, thats a whole other issue—but let me walk you through the actual process from arrest to trial.

First appearance happens within 48 hours of your arrest. No exceptions. You’ll be brought before a judge at the Lindsey-Flanigan Courthouse downtown, and they’ll read the charges, set bond, and appoint a public defender if you cant afford your own lawyer. The bond desk closes at 10:00 PM, so if your arrested late at night, your gonna sit in the Van Cise-Simonet Detention Center until morning. Not fun. The detention center is at 490 West Colfax Avenue, and trust me, you dont want to spend more time their then absolutely necessary.

Bond amounts for drug felonies follow a pretty standard schedule in Denver County Court. For a DF1 (the most serious drug felony), bond is typically set at $25,000. DF2 cases usually get $10,000 bond. DF3 is $5,000. DF4 is $2,500. These are just guidelines though—the judge have discretion to go higher or lower based on your criminal history, ties to the community, and whether they think you’re a flight risk. I’ve seen alot of people surprised by how high bond gets set, especially if there’s any indication this was a commercial operation.

Now here’s where timing gets critical. If you’re in custody, the prosecution has 35 days from your first appearance to hold a preliminary hearing. Thirty-five days. If they dont hold that prelim within 35 days, you must be released. Not “might be released.” Must be. This is a hard deadline, and I’ve seen cases dismissed because the DA’s office got overwhelmed and missed the window. However, you have to request the preliminary hearing within 7 days of your advisement, so dont sleep on that. Your attorney should of filed that request immediately, but you’d be surprised how often things slip through the cracks.

The preliminary hearing is where the prosecution has to show probable cause that a crime was committed and that you committed it. It’s a low bar—way lower than proof beyond a reasonable doubt—but it’s still an opportunity for your lawyer to cross-examine witnesses, lock in testimony, and sometimes even get charges reduced or dismissed. I’ve seen preliminary hearings last 20 minutes and I’ve seen them last two days. It depends on how complicated the case is and whether the defense is using it as a discovery tool or actually trying to win dismissal.

After the preliminary hearing (assuming you’re bound over for trial), you’ll be arraigned in district court. From that arraignment date, the prosecution has 60 days to bring you to trial if you’re in custody. Sixty days. That timeline gets extended if you’re out on bond, but if your sitting in jail, the clock is ticking. The prosecutors know this, which is why they often try to pressure defendants into plea deals around the 45-day mark. They start talking about “last best offers” and limited-time sentencing recommendations. Its a tactic. Sometimes a legitimate one, sometimes not.

One option that comes up alot in drug cases is DIVERT Court, which is Denver’s drug court program. DIVERT stands for Direct Intervention and Expedited Rehabilitation Through Treatment, and it’s designed for non-violent offenders with substance abuse issues. But here’s the thing—and this is crucial—trafficking charges usually make you ineligible. DIVERT is for users, not dealers. If the DA thinks you were distributing, especially distributing fentanyl, your not getting into drug court. Period. The program requires you to plead guilty, complete intensive treatment (we’re talking multiple times per week), submit to random drug testing, and appear in court regularly for progress reviews. It takes 12 to 18 months minimum, but if you complete it successfully, your charges can be dismissed or significantly reduced.

Who qualifies for DIVERT? Generally, people charged with simple possession, possession with intent (if the amount is small and there’s no evidence of actual sales), and some low-level DF3 or DF4 charges. Who doesnt qualify? Anyone with a trafficking charge, anyone with a violent criminal history, anyone who had a weapon involved, and—as of 2025—pretty much anyone caught with significant amounts of fentanyl. DA John Walsh was sworn in January 2025, and he’s made fentanyl prosecution a top priority. I’ve seen his office reject DIVERT applications that might have been accepted under the previous administration. The political winds matter, irregardless of what people tell you about “objective” prosecutorial standards.

The Lindsey-Flanigan Courthouse at 520 West Colfax Avenue is where all felony criminal trials happen in Denver. It’s a big building, lots of security, and the courtrooms are on the upper floors. If you’ve never been inside, it’s intimidating. Metal detectors, sheriffs everywhere, families crying in the hallways. Your trial—if it gets that far—will happen in one of those courtrooms, probably on the fourth or fifth floor. Most cases dont go to trial though. I’d say 90-95% of criminal cases resolve through plea agreements, and drug trafficking cases are no exception. But knowing the timeline and the deadlines gives you leverage. It gives your attorney something to work with when negotiating with the DA.

So what does this mean for you? It means time is both your enemy and your friend. The prosecution has deadlines they have to meet, but every day you spend in custody is another day away from your family, your job, your life. The system moves slow until suddenly it moves fast. Then it slows down again. Fourteen days can feel like forever when your in jail, but two weeks flies by when your attorney is trying to prepare a defense. The inconsistency is maddening, but thats the reality of criminal court in Denver.

Should You Cooperate? The Truth About Plea Deals

This is probly the hardest question I get asked. Should you cooperate with the government? Should you tell them everything you know about the people above you in the distribution chain? Should you wear a wire, make controlled buys, testify against your co-defendants? No easy answer here. Well, probly no easy answer. The truth is it depends on your case, your exposure, and what kind of person you are.

In federal drug trafficking cases, there’s something called a 5K1.1 motion. It’s named after Section 5K1.1 of the Federal Sentencing Guidelines, and it allows the government to ask the judge for a reduced sentence based on “substantial assistance” you provided to law enforcement. Roughly one-third of federal drug defendants receive a 5K1.1 motion. One out of every three. The sentence reductions are real—we’re talking 30% to 60% off your guideline range in most cases. I’ve seen people facing 10 years walk out with 4 years because they cooperated. I’ve seen people facing mandatory minimums get below the minimum because they helped the feds make bigger cases.

But here’s what alot of people dont understand: the government has complete discretion over whether to file a 5K1.1 motion. Complete. Total. Absolute discretion. You can cooperate fully, give them everything they ask for, testify at trial, and they can still decide not to file the motion. It happens. Not often, but it happens. And if your cooperation doesnt lead towards new prosecutions or if the information you provide isnt as valuable as they hoped, they might give you credit but not much.

There’s also a separate motion required under 18 USC Section 3553(e) if you want to go below a mandatory minimum sentence. The 5K1.1 motion can reduce your sentence within the guideline range, but if your facing a mandatory minimum—lets say 5 years or 10 years—you need the government to file a Section 3553(e) motion to go below that floor. Again, total prosecutorial discretion. The judge cant do it on his own. Only the United States Attorney can file that motion, and they wont unless they believe your cooperation was truly substantial.

Colorado’s federal court also has fast-track programs for certain drug cases, usually involving defendants with minimal criminal history who plead guilty early and accept responsibility. These programs can shave a few points off your offense level, which translates to a lower guideline range. But fast-track is different than cooperation. Fast-track is about administrative efficiency—the government saves time and resources, you get a modest reduction. Cooperation is about giving them other people.

Then there’s the safety valve. This is huge for first-time offenders or people with very minor criminal records. To qualify for safety valve under 18 USC Section 3553(f), you need to meet five requirements. First, you cant have more than 1 criminal history point (basically one minor conviction or none at all). Second, you cant have used violence, made threats, or possessed a firearm during the offense. Third, you cant have been a leader or organizer of the drug operation. Fourth, you must have provided all truthful information about the offense to the government before sentencing. And fifth—well, actually thats only four requirements, the fifth is basically a catch-all about not causing serious bodily injury. If you qualify, the judge can sentence you below the mandatory minimum without needing a government motion. It’s a statutory exception, and it’s saved alot of people from draconian sentences.

No easy answer here, but I’ve seen people meet four out of five safety valve requirements and still get hit with the mandatory minimum because they had one too many criminal history points or because there was a gun found in the car even though it wasnt theirs. The requirements are strict, and the government will fight you on them if they think your trying to squeeze through on a technicality.

There’s also Rule 35, which allows for post-sentencing cooperation. Let’s say you get sentenced to 8 years, and then six months later you decide you want to cooperate. You can still provide substantial assistance, and if the government agrees it was valuable, they can file a Rule 35 motion asking the judge to reduce your sentence. I’ve seen Rule 35 motions filed years after sentencing when a defendant suddenly remembers something useful or when a cold case heats up and they have information that’s relevant. But thats rare. Most cooperation happens pre-sentencing.

So should you cooperate? Here’s what I tell clients. If your facing serious time—I’m talking 10+ years—and you have genuine information about higher-level players in the organization, cooperation might be your best option. The reductions are real. But you need to understand the risks. Retaliation is real. People has been killed for cooperating with the feds. People have had their families threatened. Even if you’re in witness protection (which is rare and only for the highest-level cooperators), your life is never the same. You cant go back to your neighborhood. You cant talk to certain people. You’re always looking over your shoulder.

And here’s the other thing—cooperation doesnt just mean giving a statement. The government is gonna want you to make recorded phone calls, do controlled buys, maybe wear a wire. They might want you to testify at trial, which means sitting on the stand and pointing at your former friends or suppliers while they’re staring at you from the defense table. That takes a certain kind of person. Some people can do it. Some people cant. Theres no shame in saying you cant.

When to fight versus when to deal? If the evidence against you is overwhelming—they’ve got you on wiretaps, surveillance video, confidential informant testimony, and kilos of drugs with your fingerprints—fighting might be a losing battle. But if the stop was bad, if the search was questionable, if the drugs were found in a place where multiple people had access, then maybe you fight. Maybe you file motions to suppress, take it to trial, make them prove every element. I’ve won cases I thought were unwinnable because a cop screwed up the chain of custody or because the CI turned out to be unreliable on cross-examination.

The plea deal conversation happens in almost every case, usually multiple times. The government makes an offer. Your attorney tells you what they think. You make a counter-offer or you reject it outright. This can go on for months—14 days of silence, then suddenly three offers in fourteen days, then nothing again. The process is exhausting and unpredictable, but you need to stay engaged. You need to understand whats on the table and what the risks are if you go to trial. Because once that jury comes back with a guilty verdict, your leverage is gone. Way worse than if you’d taken the deal.

How Do You Choose the Right Drug Trafficking Lawyer?

Look. Not every lawyer is built the same—and when your facing federal drug trafficking charges in Denver, you cant afford to pick the wrong one. The difference between a lawyer who knows federal court and one who doesnt could literally be decades of your life.

First thing: federal experience. Not negotiable. If theres even a chance you’re case goes federal (and with drug trafficking, there usually is), you need someone whos stood in front of a federal judge before. Someone who knows the Federal Sentencing Guidelines like the back of thier hand. Someone who understands how federal prosecutors think, how they build cases, what they’re willing to negotiate on—and what theyre not. A lawyer who only handles state cases in Colorado might be great at DUIs, but federal drug charges? Thats a whole different world.

Second, local knowledge matters. Denver has its own federal court culture. The judges have reputations. The prosecutors have patterns. And heres the thing. A lawyer whos never practiced in Colorado might miss things—procedural quirks, local customs, which judges are tough on sentencing and which ones actually listen. You want someone who knows the landscape.

Third, trial experience versus “plea mill” attorneys. Some lawyers never go to trial. Ever. They take on 200 cases a year, plead everyone out, and move on to the next one. And look, sometimes a plea deal is the right move—but you need a lawyer whos willing to fight if thats whats best for you. Ask them: how many trials have you actually done? How many federal drug trials? If they hesitate or dodge the question, thats a red flag.

Here are the questions you should ask any lawyer before you hire them. Have you handled federal drug trafficking cases—and if so, how many? What was the outcome? Whats you’re trial experience in federal court specifically? Who will actually handle my case—you, or some junior associate Ive never met? How often do you communicate with clients, and can I reach you when I need to?

And pay attention to the red flags. If a lawyer guarantees an outcome (“I can get this dismissed, no problem”), run. Seriously. No honest lawyer makes promises like that. If they have no federal experience but say they can handle it anyway—nope. If they cant explain thier defense strategy in a way that makes sense to you, thats a problem. If theyre too busy to take you’re calls or seem distracted during the consultation, imagine what itll be like when your case actually starts.

Bottom line: you need someone whos done this before, someone who has the time and the skills to fight for you, and someone you trust. Time matters. Time realy matters.

Your Next Step—Dont Wait

Real talk: if youve been charged with drug trafficking in Denver, every day you wait makes things worse. You have a 35-day window from your first appearance to your preliminary hearing—and that time disappears fast. Evidence gets lost. Witnesses forget details, or they disappear entirely. The prosecution keeps building thier case while your sitting there doing nothing. I know what your thinking—maybe this will just go away, maybe its not as bad as it seems. It wont. And it is.

What should you do? Call a lawyer. Not next week. Not after you “think about it.” Today. Right now. Because once that evidence is gone, its gone. Once a witness recieved a visit from the prosecutor and gets their story locked in, its harder to challenge. The longer you wait, the fewer options you have.

If your looking for serious representation—someone who understands federal drug cases and has actually fought them in court—consider reaching out to Spodek Law Group. Todd Spodek is the managing partner, and hes been handling federal and state drug cases for years. The firms based in Brooklyn, but they handle cases nationwide, including right here in Colorado. And heres the thing. Theyre available 24/7, because they know emergencies dont wait for business hours.

212-300-5196. Thats the number. You call that number, you get someone who knows what theyre doing—someone whos seen cases like yours before and knows how to fight them. Someone who wont treat you like just another case file. Federal charges are terrifying, I get it. You dont know whats going to happen, you dont know who to trust, and you feel like the whole system is stacked against you. It kind of is. But that doesnt mean you cant fight back.

You deserve a lawyer who will actually listen to you, who will explain whats happening in words that make sense, and who will fight like hell to protect you’re future. You deserve someone who has became an expert in this exact kind of case—not someone whos learning on the job with your life on the line.

So dont wait. Dont hope this goes away. It wont. Call someone who can actually help. Call today. Your future is worth that phone call.

Todd Spodek, Managing Partner
Spodek Law Group
Brooklyn Office
212-300-5196