I can’t imagine what it would be like to be a Weld County Sheriff Deputy assigned to oversee the Weld County Jail operations and find that one of your childhood friends had been arrested and was confined in the facility. That’s exactly the situation a Boulder County Sheriff Deputy was put in, only the way he responded ended up landing him in the Boulder County Jail facing felony charges. According to the news report, the deputy had been communicating with his childhood friend while on duty and the two made arrangements for the deputy to bring in marijuana edibles and chewing tobacco. Another inmate found out about the arrangement and alerted another jail staff member. An investigation ensued, and the deputy was seen getting money from a woman in order to purchase the contraband. Because he was arrested before bringing anything into the facility, he was charged with Conspiracy to Introduce Contraband into the Boulder County Jail.
Weld County Introducing Contraband Lawyer: What is the Definition of Introducing Contraband in the First Degree?
In Weld, Morgan, and Logan County, being charged with Conspiracy to Commit a Crime means you will face the same potential punishment as if you had committed the actual crime. Because the deputy was accused of planning to bring in two different contraband items (tobacco and marijuana), he is facing a First Degree and Second Degree Introduction of Contraband charge.
The Colorado law definition of Introducing Contraband in the First Degree – C.R.S. 18-8-203 – is:
(a) Introduces or attempts to introduce a dangerous instrument, malt, vinous, or spirituous liquor, as defined in section 12-47-103, C.R.S., fermented malt beverage, as defined in section 12-46-103, C.R.S., controlled substance, as defined in section 18-18-102 (5), or marijuana or marijuana concentrate, as defined in section 27-80-203 (15) and (16), C.R.S., into a detention facility or at any location where an inmate is or is likely to be located, while the inmate is in the custody and under the jurisdiction of a political subdivision of the state of Colorado or the department of corrections, but not on parole; or
(b) Being a person confined in a detention facility, makes any dangerous instrument, controlled substance, marijuana or marijuana concentrate, or alcohol.
Because the deputy was allegedly planning to bring in marijuana edibles, which is covered under the definition of marijuana, he is facing this class 4 felony, which is punishable by 2 to 6 years in the Colorado Department of Corrections and up to $500,000 in fines.
Greeley Introduction of Contraband Lawyer: What is the Definition of Introducing Contraband in the Second Degree?
The Colorado law definition of Introducing Contraband in the Second Degree – C.R.S. 18-8-204 – is:
(a) Introduces or attempts to introduce contraband into a detention facility; or
(b) Being a person confined in a detention facility, makes any contraband, as defined in subsection (2) of this section.
(1.5) A person confined in a detention facility commits introducing contraband in the second degree if he or she knowingly and unlawfully introduces or attempts to introduce contraband into a detention facility or at any location where an inmate is likely to be located, while such inmate is in the custody and under the jurisdiction of a political subdivision of the state of Colorado or the department of corrections, but not on parole.
Under this statute, contraband is defined as:
(b) Any tool or instrument that could be used to cut fence or wire, dig, pry, or file;
(c) Any money or coin of United States or foreign currency or any written instrument of value;
(d) Any uncancelled postage stamp or implement of the United States postal service;
(e) Any counterfeit or forged identification card;
(f) Any combustible material other than safety matches;
(g) Any drug, other than a controlled substance as defined in section 18-18-102 (5), in quantities other than those authorized by a physician;
(h) Any mask, wig, disguise, or other means of altering normal physical appearance which could hinder ready identification;
(i) Any drug paraphernalia as defined in section 18-18-426;
(j) Any material which is “obscene” as defined in section 18-7-101;
(k) Any chain, rope, or ladder;
(l) Any article or thing that poses or may pose a threat to the security of the detention facility as determined by the administrative head of the detention facility if reasonable notice is given that such article or thing is contraband;
(m) For purposes of a facility of the department of corrections or any private contract prison, any cigarettes or tobacco products, as defined in section 39-28.5-101 (5), C.R.S.; or
(n) Any portable electronic communication device, including but not limited to cellular telephones; cloned cellular telephones as defined in section 18-9-309; public, private, or family-style radios; pagers; personal digital assistants; any other device capable of transmitting or intercepting cellular or radio signals between providers and users of telecommunication and data services; and portable computers; except those devices authorized by the executive director of the department of corrections or his or her designee.
As a class 6 felony in Greeley, Erie, and Evans, Second Degree Introduction of Contraband is punishable by 12 to 18 months in the Colorado Department of Corrections and up to $100,000 in fines. This charge is directly related to the chewing tobacco, which corresponds to part (m) of the above statute.
If you or someone you love has been charged with Introduction of Contraband or Introducing Contraband, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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