In Weld County, if you bring items that are prohibited into jail, it is a criminal offense. Introduction of Contraband is often a felony offense and if you are facing charges, you will need a top criminal defense attorney to defend you. Our lawyers discuss what happens when you face an Introduction of Contraband charge. I If you are facing these charges in Larimer County, get help here.
#1. What is the Definition of Introducing Contraband in the First Degree and in the Second Degree in Greeley, Colorado?
Depending on the type of Contraband that is brought into the Greeley detention facility, Introduction of Contraband can be charged in the First or Second Degree. The definition of Introducing Contraband in the First Degree, C.R.S. 18-8-203, is:
(a) Introduces or attempts to introduce a dangerous instrument 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.
It is important to note that this criminal offense is different than Possession of Contraband by an Inmate, C.R.S. 18-8-204.1. That is a separate although related offense.
The 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.
#2. What are Examples of Contraband in Weld County Included in an Introduction of Contraband Charge?
Detention facilities and jails in Weld County have restrictions on what an inmate is allowed to be in possession of. The type of Contraband being Introduced also determines whether the charge is Introduction of Contraband in the 1st or 2nd Degree.
1st Degree Contraband is anything that is capable of causing or inducing fear of death or bodily injury. Examples of this are:
- Firearms
- Explosive devices
- Ammunition
- Explosive substances
- Knives
- Sharpened instruments
- Poison
- Acid
- Bludgeons
2nd Degree Contraband involves more common items defined in C.R.S.18-8-204:
As used in this section, “contraband” means any of the following, but does not include any article or thing referred to in section 18-8-203:
(a) Any key, key pattern, key replica, or lock pick;
(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;
#3. What is the Definition of a Detention Facility in Greeley, Colorado?
In both 1st and 2nd Degree Introduction of Contraband charges, a detention facility in Greeley is any building, structure, enclosure, vehicle, institution, work site, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the jurisdiction of the Colorado State Department of Corrections. This can include a police car, the courthouse, or any other place / vehicle listed above.
#4. What are the Sentences and Penalties for 1st Degree Introduction of Contraband and 2nd Degree Introduction of Contraband in Erie, Windsor, or Severance, Colorado?
In Erie, Windsor, or Severance, the sentence for 1st Degree Introduction of Contraband is a class 4 felony, which can carry penalties or fines of $2,000 to $500,000 and 2 to 6 years in a Colorado State Prison. Introducing Contraband in the 2nd Degree is more complicated. If the charge that involves contraband described in subsection of C.R.S. 18-8-204 (2)(a), (2)(b), (2)€, (2)(f), (2)(h), (2)(k), (2)(n), or (2)(o) of this section, it is a class 6 felony. The penalties of a class 6 felony can be fines of $1,000 to $100,000 and 12 to 18 months in prison. If the Introducing Contraband in the 2nd Degree involves contraband described in subsection (2)(c), (2)(d), (2)(g), (2)(i), (2)(j), (2)(l), (2)(m), (2)(p), or (2)(q) of C.R.S. 18-8-204, it is is a class 2 misdemeanor. The penalties of a class 2 misdemeanor can be 3 months to 364 days in the Weld County Jail, a fine of between $250 and $1,000, or both.
Facing an Introduction of Contraband charge in Weld County? Hiring top lawyers who have over 30 years of experience and a successful track record is important. Our lawyers will fight for the best outcome in your case – including a dismissal.