Colorado Springs Drug Offense Lawyers — Drug Charge Defense in El Paso County
Colorado has significantly reformed its drug laws, but drug charges in Colorado Springs — particularly those involving distribution, trafficking quantities, prior convictions, or conduct near schools and military installations — still carry serious criminal consequences. For military personnel and defense contractors, a drug conviction carries additional consequences including security clearance revocation and potential end of military service that dwarf the civilian sentence. Burnham Law’s Colorado Springs drug offense attorneys defend clients at every level of drug charge severity in El Paso County District Court, from possession misdemeanors to serious felony trafficking cases.
Meet our Colorado Springs criminal defense team below — attorneys experienced in drug offense defense throughout El Paso County and the 4th Judicial District.
She graduated from the University of Nebraska-Lincoln with a degree in Political Science and Criminal Justice before earning her law degree with high honors from Drake University Law School. During her time in law school, she was actively involved in several organizations, including the Children’s Rights Clinic, where she represented children in Dependency and Neglect cases, as well as the Student Bar Association and Law Review. She also gained experience as a Legal Writing Fellow and was a member of the Client Counseling Team. Before joining the Colorado bar, Ali was admitted to practice in Iowa. She worked at a general practice firm, where she gained extensive experience in family law, juvenile law, real estate, and business and estate planning. Ali is dedicated to being a compassionate and zealous advocate for her clients, recognizing the emotional and often high-conflict nature of family law, civil demand letters and probate matters. Outside of her professional life, she enjoys running, skiing, and traveling...
Allison brings a unique blend of business and legal expertise to her practice. After earning a Bachelor of Business Administration in Finance from the University of Georgia, she worked full-time while attending Georgia State University College of Law in the evenings, where she earned her JD. Although born in Texas, Allison’s upbringing included time in Colorado and Georgia. After completing her education in Georgia, she decided to return to Colorado to begin her legal career. She started as a Deputy District Attorney in the 4th Judicial District, prosecuting a variety of cases from misdemeanors to sex offenses. Allison then transitioned to a role as a Senior Contracts Representative at Honeywell, where she worked closely with the United States Air Force. Since 2015, Allison has exclusively practiced family law, a field she discovered to be her true passion. She brings compassion and empathy to her work, ensuring clients understand the legal process every step of the way. While she always strives...
Andrew is a seasoned attorney with over a decade of experience in navigating complex legal challenges. He has successfully represented clients in a wide variety of cases, including consumer protection matters, breach of warranty claims against major automotive manufacturers, mass tort litigation, and disputes with oil and gas companies. Andrew's approach is to combine meticulous preparation with practical problem-solving, a strategy that has consistently led to favorable outcomes for his clients. Throughout his career, Andrew has resolved hundreds of cases in state and federal courts, as well as in binding arbitration. His dedicated work has resulted in millions of dollars in recoveries for his clients. He is committed to achieving the best possible results, drawing on his extensive experience to provide comprehensive and effective legal counsel.
Annie is dedicated to helping clients navigate some of life’s most challenging transitions with clarity and compassion. Her practice focuses primarily on family law, where she represents clients in divorce, allocation of parental responsibilities, post-decree disputes, guardianships, DHS finding appeals and child-related matters. Before joining Burnham Law, Annie gained extensive experience representing clients in district court on guardianship, conservatorship, and expungement cases. From that experience, she learned to approach every case with a balance of empathy and assertiveness, understanding that family law matters are deeply personal and often contentious. Outside the office, Annie enjoys exploring Colorado’s hiking trails and discovering local thrift stores.
Barry has over 35 years of experience handling divorce, custody, parenting time, child support, maintenance, high asset property division, and post decree modification cases. Barry successfully handled the landmark case (Spahmer v. Gullette), which changed child relocation law in Colorado. The case serves as the current governing law for relocation cases in Colorado that arise as part of a divorce proceeding. Barry takes great pride in not only delivering the highest quality legal services, but also developing strong and reliable relationships with his clients. He understands how stressful it is to be involved in a divorce or family law proceeding and considers it his responsibility to take care of his clients and be their trusted advisor when resolving their legal issues.
Ben Brightwell is a Partner at Burnham Law and a highly regarded litigator specializing in complex, high-asset family and matrimonial law. With a client-centered philosophy, he is committed to helping clients achieve the best possible outcomes in negotiation and trial. He handles a wide range of family law matters, including divorce, child custody, and premarital agreements, and is known for his holistic approach, which focuses on solving problems rather than engaging in conflict. Ben is dedicated to preparing his clients thoroughly, whether they're aiming for an out-of-court resolution or preparing for litigation. A graduate of Western Washington University and Wake Forest University School of Law, Ben has been recognized as a Connecticut Super Lawyer and has served as a Special Master for divorce cases. He was also trial counsel in a landmark case that created new law regarding how trust interests are divided in divorce proceedings in Connecticut and Massachusetts. Ben is licensed to practice in New York, Colorado, and...
Brandon has partnered with business owners across every stage of the business lifecycle. His experience spans pre-litigation, third-party disputes, shareholder derivative actions, and business formation, as well as day-to-day advisory services. He is also a seasoned guide in complex transactions, including sales, mergers, and acquisitions. Throughout his career, Brandon has counseled clients through transactions ranging from several hundred thousand to mid-eight figures. Regardless of the deal’s scale, his objective remains steadfast: to provide a positive, measurable impact on his clients and their long-term business health. Brandon assists clients through all phases of litigation, from initial dispute resolution to mediation and arbitration. His background in transactional law provides him with a unique edge; having drafted the very contracts that often become the subject of legal disputes, he utilizes that intimate knowledge to navigate litigation effectively and help clients avoid future risks. When he is away from his practice, Brandon stays active by golfing and going to the gym. A self-proclaimed bourbon...
Brian Teed is a civil litigation attorney. He specializes in complex motions practice and appeals. Brian earned his Juris Doctor from Arizona State University, where he distinguished himself by interning for federal district judges and working for the United States Department of Justice in Washington, DC. He also served on the executive board of the Arizona State Law Journal and published two articles on constitutional issues. After graduating, Brian clerked on the Arizona Court of Appeals and the United States District Court for the District of Arizona. At Burnham, he has served clients with litigation and transactional needs, whether negotiating, litigating, or advising on the best path forward. Some of his successes include the defense of two six-figure judgments on appeal. From this broad experience, Brian is uniquely positioned to help clients navigate the complexities and stress of civil litigation, including appeals.
Brooke Shafranek is an experienced family law attorney with a client-focused approach to her practice. She was born and raised on Long Island, New York, and attended North Carolina State University, where she received her bachelor’s in English and graduated as valedictorian of her graduating class. Brooke attended law school at the University of Florida, where she received several awards, honors and scholarships. Brooke has been recognized as a SuperLawyers Rising Star since 2023, and brings her passion and expertise to every family law matter. Outside of work, Brooke enjoys traveling and watching live music.
Bryon has more than a decade of experience in probate, trust administration, and estate planning. His probate experience includes contesting fraudulent wills and litigating terms of estate plan documents. In preparing estate plans, Bryon emphasizes helping clients pass on as much of their estates to their loved ones as possible through careful and regular review by clients. Bryon also has experience in representing landlords in evictions, contracts, commercial sales transactions, public bidding, and special taxing districts. When not serving clients, Bryon enjoys camping, off-roading, and traveling with his family.
Before law school, Chris was a Television Broadcast News Reporter for NBC KOMU TV-8 and a Radio Broadcast News Reporter for NPR KBIA 91.3. During law school, Chris clerked for the General Counsel of a Major International Airline, he clerked for the Chief Judge of the Missouri Court of Appeals-Southern District, he clerked for a small civil litigation and real estate law firm in Columbia, and he was a summer intern at McDowell Rice Smith & Buchanan, P.C. in Kansas City. After law school, Chris became an Associate Attorney at McDowell Rice Smith & Buchanan, P.C.’s Country Club Plaza office eventually earning an Equity Shareholder Position. Since moving to Colorado in 2011, Chris has been a Business Operations Manager at a Denver-based multi-million dollar company, he has been a Contract Attorney for a medical device publicly-traded company, he has been a Staff Attorney at a boutique law firm providing bankruptcy legal services to consumers, and he has been the Bankruptcy...
Christopher Sutton is an experienced litigator, focusing his current practice on a mix of Criminal Defense and Family Law. He brings over a decade of high-stakes courtroom experience to his practice, having spent nearly ten years as a District Attorney for El Paso County. During this time, he served for three years as a Special Victim's Attorney, handling complex cases including sex crimes, felony child abuse, and multiple homicides. This experience instilled in him a deep commitment to finding justice for clients and giving back to the community. Mr. Sutton's path to law began with a strong interest in the environment. After earning his B.A. in Biology from Washington and Lee University, he worked as an environmental scientist, identifying liabilities in properties. A key experience working on a Superfund site solidified his decision to pursue law. He earned his J.D. from the University of Denver (DU), where he concentrated on environmental and criminal law. Originally from Pottstown, PA, Christopher developed...
Cindy graduated cum laude from The Pennsylvania State University before earning her law degree from Penn State Law. During her time in law school, she gained invaluable practical experience as a student attorney for the Penn State Family Law Clinic, where she successfully represented clients on a variety of complex family law issues. Throughout her legal career, Cindy has distinguished herself as a highly skilled Family Law strategist and a zealous litigator. Her extensive experience has given her a unique ability to navigate the complexities of family law and provide powerful advocacy for her clients. Cindy understands the profound emotional and financial strain that contentious family disputes inflict on families. She is deeply committed to being a steady, supportive force during these tumultuous times. Cindy is dedicated to making a positive impact on the lives of her clients; she provides individualized representation, developing unique and thoughtful strategies to help clients achieve their specific case objectives and find stability. Committed to...
Prior to joining Burnham, Cody began his career at a general practice law firm focusing primarily on commercial litigation, real estate litigation, real estate transactions, trusts and estates, probate, and oil and gas. Since then, he has honed his skills as an advocate with a focus on assisting his clients in navigating all stages of litigation and arbitration. Specifically, Cody has done multiple trials, arbitrations, mediations, and depositions, obtaining efficient and favorable results for his clients. As a result of this experience, Cody is keenly aware of the litigation process, and the strategic nuances that lead to success before and during trial. Cody is also an experienced corporate attorney who assists clients in business/shareholder disputes, transactions, and corporate structuring in a wide variety of industries, including construction, real estate acquisition and development, lifestyle brands, and many more. In his off time, Cody enjoys hiking, skiing, trying some of Denver’s best places to eat, and spending time with his Labrador Ollie.
Daniel is an experienced litigator who has solely focused on family law since 2012 and has significant experience handling complex and high-conflict cases. Daniel started practicing law at a large family law firm in Florida, where he represented hundreds of clients over the years, before moving to Colorado. He has extensive experience in virtually all areas of family law, ranging from original dissolution actions, allocation of parental responsibilities actions, relocation actions, modifications of parenting time, child support and maintenance. Daniel is a proud alum of Florida State University, where he earned both his undergraduate and law degrees. In his free time, he enjoys exploring the state with his wife and daughter.
David is a highly experienced litigator and trial attorney focusing on commercial disputes, litigation, and arbitrations. He has been representing individuals and businesses for over three decades and is a relentless advocate and seasoned trial attorney. David has honed his skills practicing with both international firms (Shook, Hardy & Bacon, Dorsey & Whitney, and Gordon Rees Scully Mansukhani), and respected local firms. He possesses extensive first-chair experience in civil trials, arbitrations, and appeals, offering clients dedicated and intense focus in a wide range of complex commercial matters. David grew up in Loveland, Colorado and attended the University of Denver's Daniels College of Business on a Boettcher Foundation Scholarship, earning a degree in Finance/Real Estate. He later received his J.D. from the University of Minnesota Law School, where he was a member of the prestigious Minnesota Law Review and a director of the International Moot Court. David started his legal career in Kansas City focusing on pharmaceutical products liability litigation, before...
Erin has extensive experience representing clients in all phases of litigation in both state and federal courts, with a focus on employment litigation, business and commercial disputes, and appellate matters. She also has significant experience in estate planning and probate, advising individuals and families on preserving their legacies and guiding them through the probate process with clarity and compassion. In addition to her private practice work, Erin served as a law clerk to the Honorable Judge Jerry N. Jones of the Colorado Court of Appeals. She also previously clerked for the South Dakota Second Judicial Circuit, gaining valuable insight into the judicial process.
Faith is a seasoned attorney. She has practiced law for over thirty years in the areas of trusts and estates, tort liability, litigation, and immigration. During law school, Faith interned for the Tennessee Attorney General’s Office Civil Litigation and State Services Division, as well as for a prominent law firm representing automobile manufacturers in products liability cases. After graduating, Faith served as Deputy Law Director for Knox County, Tennessee, representing the local government in education law matters, in contract disputes, and in tort cases. Faith has previously served as a guardian ad litem in Tennessee and Wyoming; and, upon moving to Colorado, she focused her practice on immigration law, family law, and elder law, prior to joining Burnham Law. In addition to her work as a planner and advocate, Faith enjoys coaching for the Greeley Youth Hockey Association, rooting for the Colorado Eagles, and hiking the trails near her Loveland home.
Jennifer brings two decades of family law paralegal experience to her role as a Licensed Legal Paraprofessional. She began her legal career as a legal assistant at a well-established New York firm specializing in foster care and adoption, where her passion for supporting families and children in vulnerable circumstances took root. After dedicating time to raise a family and complete her Bachelor of Social Work, she returned to the legal environment in 2011, working with a seasoned Colorado family law attorney and further honing her skills in domestic litigation. Jennifer is proud to be part of Colorado’s inaugural class of Licensed Legal Paraprofessionals (LLPs), a groundbreaking initiative expanding access to legal services in family law. She believes in a cooperative, client-centered approach, emphasizing clear communication, practical solutions, and compassionate advocacy. Her social work background reinforces her ability to guide clients through emotionally charged legal matters with both tenacity and empathy. Outside the office, Jennifer enjoys exploring Colorado’s backcountry trails with...
Jennifer is a Partner at Burnham Law. She is an accomplished litigator with expertise in domestic relations law and is often called upon to handle complex dissolutions and post-decree matters. She received the Super Lawyers Rising Star award, a distinction that fewer than 2.5% of lawyers in the state meet. Jennifer got her start practicing criminal law as an Associate Criminal Defense Attorney and she represented clients in court throughout the state of Colorado on a daily basis. Jennifer joined Willoughby and Associates, a premier family law firm in downtown Denver, and has specialized in family law ever since. She is experienced in cases of domestic violence, restrictions and modifications of parenting time, child support, decision making, high conflict APR/dissolution cases, and both pre-decree and post-decree relocation cases. Jennifer enjoys being a source of comfort and guidance to families going through difficult times. She is sensitive to client’s needs while firmly managing their expectations. Outside of work, Jennifer enjoys spending...
Jeremy Wooten, is a seasoned trial attorney who specializes in criminal defense and family law, leveraging a wealth of experience honed over five years at the Colorado State Public Defenders’ Office. Rising to Senior Deputy Public Defender, he successfully managed a diverse caseload, including serious charges like first-degree homicide, drug distribution, and economic crimes, always maintaining an unwavering commitment to client advocacy. Licensed in both Texas and Colorado, Jeremy's legal expertise is defined by strategic planning—meticulously crafting and executing well-thought-out trial strategies—and remarkable resourcefulness in finding innovative solutions to complex legal challenges in both the criminal and family law arenas. His practice is characterized by agile, client-centered advocacy, which relies on adaptability, active listening, and quick thinking essential for effective trial work. Jeremy prioritizes thoroughly understanding his clients' objectives and adapting his strategies dynamically to the evolving nature of trials. His resilience and strategic agility allow him to confidently navigate unexpected developments in the courtroom, ensuring each case is expertly...
Julian Rosielle has been licensed to practice law in Colorado since 2006. Julian is a graduate of the University of Colorado School of Law, where he was on the Dean’s List and an associate editor of the University of Colorado Law Review. Julian practiced exclusively in the area of criminal law for the first thirteen years of his career and has several notable case outcomes to include not guilty verdicts on charges of homicide and assault. Julian has extensive trial experience, ranging from Death Penalty cases to misdemeanor domestic violence to driving under the influence. Beginning in 2019, Julian’s practice has expanded to include domestic relations litigation and civil protection orders. Julian has lived in Colorado since 2004 and when not in Court enjoys hiking with his family and dogs.
Kaliegh is a dedicated family law attorney who understands that every family is unique. Whether she is helping clients reach an amicable solution or advocating in the courtroom, Kaliegh ensures that her clients understand the legal process and can make the best decisions for their families. Both a compassionate advisor and a zealous litigator, Kaliegh knows there is no “one size fits all” approach to representation. Kaliegh began her legal career as a staff attorney for the El Paso and Teller County Child Support Services Office. Kaliegh worked in private practice for several years before joining Burnham Law, navigating clients through divorces, child custody determinations, and post-decree modifications. Kaliegh brings a well-rounded approach centered on each client’s individual needs. In her free time, Kaliegh enjoys traveling, photography, reading, and spending time with her family.
Kate strives to have a client-oriented practice where she can assist her clients in all stages of litigation. Prior to joining Burnham, Kate was an associate at an AmLaw Firm where she worked on various types of complex litigation representing large corporations, municipalities, and individuals. Before going into private practice, Kate was an Assistant Public Defender in Miami-Dade County where she tried over twenty cases. Kate has been able to develop a well-rounded practice by working in both the private and public sectors. Kate has honed her skill sets from her prior experience so she can be a zealous advocate for her clients. In her spare time, Kate enjoys spending time with her husband in the outdoors, traveling, and visiting family.
Katlyn Schafer is passionate about helping her clients navigate their legal challenges by providing clear guidance, practical solutions, and strong advocacy at every stage of the process. Her practice spans a wide range of civil matters including personal disputes, consumer protection disputes, regulatory and administrative disputes, environmental disputes, and many others. Prior to joining Burnham Law, Katlyn worked as an Associate Attorney providing representation in worker's compensation disputes. During law school, Katlyn served on the editorial board for the Vermont Journal of Environmental Law. She interned with the Idaho Office of the Attorney General and gained experience working as a student-attorney to provide pro bono legal representation to various nonprofits in the New England area. In her free time, Katlyn can be found frequenting thrift stores, exploring the Colorado wilderness, and watching scary movies with her partner James and their pets, Gracie and Koda
Kayla is known for her effective legal strategies and creative solutions in resolving a wide range of disputes, including contractual issues, landlord/tenant matters, boundary disputes, and HOA conflicts. Kayla believes in understanding her clients' unique goals to secure the most beneficial results for them. Beyond her practice, Kayla is highly engaged in the legal community through volunteer board positions aimed at encouraging growth and supporting diverse voices. Her professional excellence has been consistently recognized, including being named a Top Attorney by Colorado Springs Magazine multiple times and a Super Lawyer Rising Star in 2024 and 2025. In her free time, Kayla enjoys reading, spending time with her daughter, and exploring the outdoors. She is an accomplished runner, having completed challenging races like numerous half marathons and the Pikes Peak Ascent.
Logan completed his Bachelor’s degree in Political Science from the University at Albany, and recently earned his J.D. from William and Mary Law School. Before entering law school, Logan spent time working in the in-house legal department of a 3rd party commercial lending company. In this role he assisted with business development projects with clients ranging from local coffee shops to large commercial developers in New York City. Prior to joining Burnham, Logan began his legal career at a local Denver law firm primarily practicing civil litigation defense. Since joining Burnham, Logan has represented a diverse range of clientele ranging from individuals engaged in civil disputes to general commercial litigation. Logan has successfully negotiated various settlements in his clients’ favor, both prior to and after commencement of litigation, in case types such as breach of contract, property damage, negligence, partition, fraud, landlord/tenant disputes, and bad faith insurance denial. In his free time, you can find Logan on one of the...
Miguel C. Mondragon is a tenacious and dedicated attorney who is fiercely committed to his clients and their legal outcomes. Recognizing that clients facing divorce or criminal charges are often in their most vulnerable state, Miguel acts as a passionate advocate, ensuring they have a voice within the legal system. Growing up in southern Colorado, Miguel developed a strong work ethic by working in construction, lumber, and brickyards while attending college. Before becoming an attorney, his interest in law was sparked by his work within the Larimer County Corrections system. While attending the University of South Dakota School of Law, he gained valuable experience working with East River Legal Services, the Colorado State Public Defenders Office, and Samuelson Law. Upon graduation, Miguel honed his skills first as a solo practitioner, then at Weaver & Associates, P.C., before founding Mondragon Law, where he specialized in criminal defense and family law. He brings this deep experience and tenacity to his current role...
Mikayla assists clients on a variety of family law matters, such as dissolution of marriage, allocation of parental responsibilities, and child support enforcement. Mikayla began her legal career as a child support attorney for El Paso County where she helped parents obtain financial support for their children. While Mikayla has worked in private practice for a number of years, she draws on her experiences as a public child support attorney to help her current clients achieve the best possible results. Clients can expect an honest and tenacious legal advocate in Mikayla’s representation. She understands the sensitive and stressful nature of family law cases, and Mikayla will be there to guide her clients through the legal process. In her free time, she enjoys hiking and camping with her family.
Patrick has experience in the areas of family law, dependency and neglect, and juvenile delinquency. His practice currently focuses on domestic relations, dependency and neglect, and family law matters. Patrick received his Juris Doctor from the University of Colorado Law School where he earned a Juvenile and Family Law Certificate for demonstrated dedication to these fields of law. While attending CU, he also clerked for the 20th Judicial District as a judicial intern and was a student attorney with the Juvenile and Family Law Clinic, assisting low-income clients with a variety of legal issues, including adoptions, divorces, and custody disputes.
Sam focuses his practice on general litigation, transactional work—aiding small businesses and assisting in acquisitions—business litigation and breakups, and administrative work. Prior to joining the Burnham Law Firm, Sam acted as counsel at a major ski company and then in a firm setting. Sam is keenly aware of the fact that litigation can be stressful and complex. His background complements his ability to provide competent guidance and critical thinking to his clients’ cases and the corollary issues which stem from them. In his free time, Sam loves to backcountry ski, race road and mountain bikes, cook, read, play guitar, and sail.
Theresa graduated from the University of South Florida with a BA in political science and minor in communications in 2014. She went on to graduate third in her class at Western Michigan University Law School in 2018. While in law school she clerked for a judge in the second district court of appeals in Florida. After moving to Colorado she worked for a cannabis law firm assisting cannabis business owners with licensing and compliance/regulations. She then found her passion working in domestic relations and has practiced family law exclusively ever since. Theresa handles all issues related to custody including dependency and neglect, custody disputes, allocation of parental responsibilities, guardianship, and adoptions. Theresa also has experience with high asset cases and division of complex assets. Both in and out of the courtroom, Theresa has a reputation as a strong advocate for those she represents. She is skilled at seeing the big picture, and effectively navigates clients to their best possible outcome....
Todd Burnham is a renowned Trial Attorney, Business Strategist, Leadership Trainer, Expert Speaker, Law Firm Consultant, and Motivational Author who is consumed with helping you fully leverage your life. As a New York-trained trial attorney and Founding Partner of Colorado’s Burnham Law, Todd’s service-focused approach and strategic vision have translated into rapid growth. Now comprised of eight law offices across Denver, Boulder, Colorado Springs, Fort Collins, and Cheyenne, WY, the firm’s reputation attracts Colorado’s most talented and experienced litigators. Todd grew up in the South Side of Syracuse, relocating to Fayetteville, New York where he picked up lacrosse. A member of two National Champion Hobart College lacrosse teams and two-time NCAA All-American lacrosse player, he received his undergraduate degree in Psychology from Hobart College and a J.D. from Albany Law School. He is admitted to practice law in both Colorado and New York state courts, in addition to the U.S. District Court for the District of Colorado and the U.S....
Zac focuses mainly on civil litigation, and has experience with real estate litigation, real estate transactions and estate matters. He earned his bachelor’s degree and law degree at the University of Tennessee. In law school, he was a member of the Transactions: The Tennessee Journal of Business Law and a student-attorney in the Business Clinic. In his spare time, Zac enjoys spending time with his wife and dog outdoors hiking, going to various restaurants, and being with friends. Zac is a die-hard Minnesota sports fan and Tennessee Volunteer fan.
Drug Laws in Colorado
Colorado’s Drug Code classifies controlled substances into five schedules based on their accepted medical use and abuse potential. Simple possession of most Schedule I or II substances for a first or second offense — under Colorado’s SB 19-013 reforms — is a level 1 drug misdemeanor, carrying up to 180 days in jail and treatment alternatives. A third or subsequent simple possession offense can be charged as a level 4 drug felony. Distribution, manufacture, trafficking, and possession with intent to distribute charges remain felonies regardless of prior record, with sentences ranging from level 4 drug felony (6 months to 2 years) to level 1 drug felony (8 to 32 years).
Marijuana is legal in Colorado for adults 21 and over, but possession above the legal limit, distribution without a license, sale to minors, and use in public or in a vehicle remain criminal offenses. Importantly, marijuana remains federally illegal — which creates specific consequences for Colorado Springs’ military and defense contractor community. Use of marijuana — legal under Colorado state law — can result in loss of security clearance, positive drug tests that trigger military administrative action, and termination for employees under defense contractor drug-free workplace policies.
Drug offenses committed near school zones, playgrounds, and other protected areas in Colorado carry enhanced penalties. Colorado Springs has numerous schools, recreational facilities, and youth-serving institutions throughout the city. The proximity of an alleged drug offense to these facilities can be a sentencing factor that significantly increases the potential consequence.
What Our Colorado Springs Drug Defense Attorneys Challenge
The Fourth Amendment search: Drug prosecutions are built almost entirely on physical evidence. The Fourth Amendment prohibits unreasonable searches and seizures. Unlawful traffic stops, unlawful vehicle searches, unlawful home searches conducted without valid warrants or exceptions, and unlawful pat-downs all require suppression of the evidence obtained. When the drugs are suppressed, the prosecution typically cannot proceed. We scrutinize every drug case for constitutional violations from the moment we are retained.
Chain of custody: Drug evidence must be properly collected, documented, stored, and transferred to maintain its admissibility. Chain of custody gaps — failures in the documentation of who possessed the evidence and when — can undermine the admissibility of drug evidence. We review chain of custody documentation in every drug case.
Laboratory analysis: The prosecution must prove through certified laboratory analysis that the substance was what law enforcement believed it to be. We review lab reports for methodology, calibration, analyst qualifications, and testing standards — and challenge results when those reviews reveal deficiencies.
Knowledge and constructive possession: Knowing possession requires proving the defendant knew the substance was present and knew it was a controlled substance. In cases involving shared vehicles, shared residences, or drugs found in common areas, the prosecution’s ability to establish knowing possession by a specific individual is a genuine and litigable issue.
Military context and consequence: For military clients, the defense strategy must account for the security clearance implications and military career consequences of different possible outcomes — from dismissal to diversion to various plea structures — and prioritize the approach that best protects both the civilian record and the military career.
How Drug Cases Work in El Paso County
Drug offense cases in El Paso County range from first-offense possession matters where diversion and treatment alternatives are actively available to complex distribution investigations with co-defendants, cooperating witnesses, and extensive discovery. The nature of the charge determines the procedural track and the realistic range of outcomes.
For simple possession misdemeanors, El Paso County’s diversion programs and treatment alternatives provide a realistic path to dismissal for eligible first-time or low-level offenders. These programs offer the dual benefit of avoiding a conviction and addressing any underlying substance use issue — which is particularly valuable for military clients where a drug conviction would have catastrophic career consequences and where demonstrating rehabilitation matters in clearance adjudication.
For distribution and felony drug cases, the defense focus is on suppression motions, evidence challenge, and — where the facts allow — challenging the prosecution’s ability to prove intent and the specific elements of the charged offense. The 4th Judicial District prosecutes distribution cases as a priority, and having defense counsel who matches that preparation is essential.
Why Burnham Law for Drug Defense in Colorado Springs
Fourth Amendment suppression expertise. Drug cases turn on whether the search was constitutional. We file thorough, well-researched suppression motions in every drug case with constitutional issues, and we obtain suppression orders with enough regularity that it changes how opposing counsel evaluates our cases.
Military drug consequence awareness. For military clients, drug defense strategy must account for the security clearance and career implications of every possible outcome. We advise military clients on these parallel consequences and structure defense strategy to protect both the civilian record and the military career.
Diversion and treatment advocacy. Colorado’s drug law reforms and El Paso County’s diversion programs create genuine alternatives to conviction for eligible clients. We know these programs and advocate aggressively for our clients’ access to the best available alternative to conviction.
Distribution and trafficking defense. More serious drug cases require sophisticated defense analysis — of the search, the evidence of intent, the weight calculations, and the cooperating witness issues that often arise in distribution investigations. We handle serious drug felony defense with the same thoroughness we bring to all significant criminal matters.
Frequently Asked Questions — Colorado Springs Drug Offenses
Can a positive marijuana test end a military career in Colorado Springs?
Yes — despite Colorado’s recreational marijuana legalization, marijuana use remains prohibited for military personnel under federal law and DoD policy regardless of state law. A positive drug test for marijuana can result in UCMJ action, administrative separation, and loss of security clearance for military personnel at Colorado Springs installations. Defense contractor employees with drug-free workplace requirements face similar employment consequences. Colorado’s state law legalization provides no protection against these federal and military consequences.
What is the difference between drug possession and possession with intent to distribute in Colorado?
Simple possession — having a controlled substance for personal use — is charged as a misdemeanor for most first or second offenses under Colorado’s reformed drug laws. Possession with intent to distribute — having drugs with the intent to sell or transfer them — is a felony offense regardless of the quantity, and is typically established through circumstantial evidence including large quantities, packaging materials, scales, customer communications, and currency. The prosecution does not need to catch someone in an actual drug sale to charge distribution.
Does drug reform in Colorado mean I won’t go to jail for drug possession?
Colorado’s drug reforms significantly reduced the penalties for simple possession and created treatment alternatives to incarceration for many possession offenses. However, jail time is still possible even for first-offense simple possession under certain circumstances, and a third possession offense can be charged as a felony. Distribution, trafficking, and manufacturing charges remain serious felonies. The reforms created more options and more diversion pathways — they did not eliminate consequences for drug offenses.
How does a drug conviction affect security clearance?
Drug convictions are among the most significant adverse factors in security clearance adjudications. The Adjudicative Guidelines for security clearances address drug involvement specifically, and a criminal drug conviction — particularly for distribution or repeated possession — creates a strong presumption against clearance eligibility. Even drug use without a conviction can be disqualifying if it is recent or if the applicant cannot demonstrate rehabilitation and commitment to abstinence. For Colorado Springs’ large cleared workforce, a drug conviction is typically a career-ending event. Avoiding conviction — through dismissal, diversion, or acquittal — is the most important goal in drug defense for cleared personnel.
Can a drug charge be dismissed in El Paso County?
Yes. Drug charges are dismissed in El Paso County through pretrial suppression of the drug evidence, successful completion of diversion or treatment programs, the DA’s determination that evidence is insufficient, and acquittal at trial. For first-time possession defendants, diversion leading to dismissal is a realistic and frequently achieved outcome. The availability of dismissal routes depends on the specific charge, the facts of the search and arrest, and the defendant’s prior history — which is why early evaluation by experienced drug defense counsel matters so much.
Schedule a Consultation with a Colorado Springs Drug Offense Lawyer
Drug charges in El Paso County range from cases that can realistically be diverted to dismissal to serious felony prosecutions requiring aggressive defense. Whatever the charge, early involvement of experienced defense counsel improves the outcome. Burnham Law’s Colorado Springs drug defense attorneys are ready to evaluate your case.
Call (303) 990-5308 or schedule a confidential consultation online. We defend drug charges throughout El Paso County and the Pikes Peak region.
