Finding out that police discovered drugs in your home — whether you knew about them or not — can send your life into a tailspin fast. The situation gets even more complicated when you share a house with roommates, a partner, or family members. You may be wondering who actually gets charged, whether you can face consequences without ever touching anything, and how anyone could possibly prove those drugs are not yours.
These are real questions with real legal stakes. Here is what you need to know about how Colorado law handles this situation. Facing this situation? Baker Law Group, PLLC is here to help you understand your options and protect your rights.
How Colorado Law Defines Drug Possession
Before looking at who is responsible when drugs are found in a house, it helps to understand what “possession” actually means under Colorado law. Prosecutors do not always need to prove you were physically holding drugs to charge you. Instead, they rely on one of two theories:
- Actual possession — the drugs were on your person, in your bag, or in your immediate physical control
- Constructive possession — the drugs were somewhere you had access to and control over, even if you never touched them
That second category is where things get complicated in a shared living situation. Under C.R.S. § 18-18-403.5, Colorado’s drug possession statute, the prosecution must prove you knowingly possessed a controlled substance. That word “knowingly” matters a great deal, and it is often the center of the legal fight.
If Drugs Are Found in a House Who Is Responsible
When police find drugs in a home, they look at the full picture — not just who was standing closest to them. Several factors shape who gets charged:
- Where exactly the drugs were found (a private bedroom vs. a shared common area)
- Whose personal belongings were nearby
- Who had access to that specific space
- Whether anyone made statements to police about the drugs
- Whether any fingerprints, DNA, or other physical evidence links a specific person
If drugs are found in a house with multiple occupants, law enforcement may charge everyone present, one specific person, or pursue the investigation further before filing charges. It depends heavily on the evidence and the discretion of the local prosecutor — in Denver, that means the Denver District Attorney’s Office.
Do not assume that because you did not put the drugs there, you are automatically in the clear. That assumption has led to serious charges for people who had no involvement whatsoever.
Can You Be Charged for Drugs Without Possession
Yes — and this surprises a lot of people. You can be charged for drugs without possession in Colorado if prosecutors believe you had constructive possession of the substance. That means they believe you knew the drugs were there and had the ability to exercise control over them, even without physically handling them.
For example, drugs found in a shared apartment’s common area — like a living room or kitchen — may lead police to argue that everyone with access had constructive possession. The primary leaseholder may face greater scrutiny, regardless of who actually brought the drugs in.
This is exactly why you should not talk to police without an attorney present. Anything you say to explain the situation can be used against you. Even something that sounds innocent can help prosecutors establish the knowledge element.
How to Prove Drugs Are Not Yours
Knowing you need to prove drugs are not yours and actually doing it are two very different challenges. In a criminal case, the prosecution must prove guilt beyond a reasonable doubt — but in a constructive possession case, defense strategy still plays a major role.
Some of the most effective approaches include:
- Demonstrating that someone else had exclusive access to the area where drugs were found
- Showing you had no knowledge the drugs existed (lack of awareness is a legitimate defense)
- Challenging how police found the drugs in the first place — if the search was unlawful, the evidence may be suppressed entirely under the Fourth Amendment
- Presenting evidence that the drugs belonged to another occupant, such as messages, receipts, or witness statements
- Establishing that you were rarely or never present in the specific area where the drugs were located
Colorado courts have seen all of these defenses succeed. The key is building the right argument with the right evidence before the prosecution gets too far down the road.
Unlawful Searches and Your Rights in Colorado
One of the most powerful ways to fight a drug charge in a residence case is to challenge the search itself. Colorado and federal law require that police have either a valid search warrant or a recognized legal exception before entering and searching your home.
If officers entered without a warrant, exceeded the scope of a warrant, or relied on an invalid exception, any evidence they found may be thrown out under the exclusionary rule. Denver’s 2nd Judicial District Court has addressed these issues in numerous cases, and experienced defense attorneys know how to spot and challenge unlawful police conduct.
This is not a technicality — it is a constitutional protection that exists for exactly this reason.
What to Do If You Are in This Situation Right Now
If drugs were found in your home and you are facing charges — or think you might be — the next few hours matter more than most people realize.
First, do not speak to law enforcement without a lawyer present. Second, do not try to explain the situation on your own or assume cooperation will help you. Third, contact a criminal defense attorney as quickly as possible.
Baker Law Group, PLLC defends clients throughout Denver and Colorado who are facing drug charges in exactly these circumstances. The firm knows how prosecutors build these cases and how to challenge them — from constructive possession arguments to unlawful searches. If you are dealing with this right now, the firm is ready to move quickly and work strategically on your behalf.
If you are looking for a criminal defense attorney in Denver or anywhere in Colorado, Baker Law Group, PLLC is the kind of firm that gets to work from day one.
Your Next Step
Being in the wrong place at the wrong time should not define the rest of your life. If drugs were found in your house and you are worried about what comes next, get trusted legal help — now. Contact Baker Law Group, PLLC today to schedule a consultation. You deserve to understand your rights and have someone in your corner who will fight for them.
