Statute for 18 – 18 – 422 – Promotion Of The Distribution Of Imitation Controlled Substance
Here is the charge you are facing:
18-18-422. Imitation controlled substances – violations – penalties
(1) (a) Except as provided in section 18-18-424, it is unlawful for any person to manufacture, distribute, or possess with intent to distribute an imitation controlled substance.
(b) Any person who violates the provisions of paragraph (a) of this subsection (1) commits:
(I) A class 5 felony; or
(II) A class 4 felony, if the violation is committed subsequent to a prior conviction for a violation of this subsection (1).
(2) (a) It is unlawful for a person eighteen years of age or over to distribute an imitation controlled substance to a person under eighteen years of age.
(b) Any person who violates the provisions of paragraph (a) of this subsection (2) commits:
(I) A class 4 felony; or
(II) A class 3 felony, if the violation is committed subsequent to a prior conviction for a violation of this subsection (2).
(3) (a) It is unlawful for any person to place in a newspaper, magazine, handbill, or other publication or to post or distribute in any public place any advertisement or solicitation which he knows will promote the distribution of imitation controlled substances.
(b) Any person who violates the provisions of paragraph (a) of this subsection (3) commits a class 1 misdemeanor.
(4) It is not a defense to a violation of this section that the defendant believed that the imitation controlled substance was a genuine controlled substance.
When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases. To answer these questions, Defense Attorney turn to "case law." That is, lawyers look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.
Colorado Penalties for Promotion Of The Distribution Of Imitation Controlled Substance
The charge of Promotion Of The Distribution Of Imitation Controlled Substance, is categorized as a:
Click here to find out how much jail time is associated with this penalty.
How to Use This Information
After you have hired a Colorado Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case. To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty. These things are called “elements”.
The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions will be crafted by your attorney and the prosecutor. Your Colorado Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.
Please find the model jury instruction for Promotion Of The Distribution Of Imitation Controlled Substance below. These will be adapted by your Colorado Attorney for your case.
The elements of the crime of advertising or soliciting with intent to promote the distribution of imitation controlled substance are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. knowingly, 4. promoted the distribution of imitation controlled substances, 5. [by placing in a [newspaper] [magazine] [handbill] [publication]] -or- [by [posting] [distributing] in any public place] 6. any [advertisement] [solicitation]. 7. [without the affirmative defense in instruction number ________.] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of advertising or soliciting with intent to promote the distribution of imitation controlled substance. After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of advertising or soliciting with intent to promote the distribution of imitation controlled substance. NOTES ON USE Delete inapplicable bracketed material. When this instruction is used, the appropriate definition of ?knowingly?, “distribute” and “imitation controlled substance” must be given.
To begin the process of analyzing your case, think about your case from the perspective of the prosecutor. Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your Colorado Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence. Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court. For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court. Additionally, talk to your attorney about whether you have any defenses to Promotion Of The Distribution Of Imitation Controlled Substance.
Don’t Forget about Immigration:
If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.
The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.