The Role of a Federal Criminal Defense Attorney in Colorado Opioid Trafficking Cases

The opioid epidemic has led to aggressive federal prosecution of those accused of trafficking prescription painkillers. In an effort to curb the distribution of highly addictive drugs such as oxycodone and hydrocodone, federal authorities impose severe penalties on individuals convicted of opioid trafficking. However, not all defendants are major traffickers—many are medical professionals, pharmacists, or individuals caught in difficult circumstances. The complexity of these cases demands the expertise of a skilled federal criminal defense attorney who understands the nuances of drug laws, evidence handling, and sentencing mitigation.

Next, we will take a look at the case of Emily Roberts, a former pharmacist convicted of illegally distributing oxycodone in Denver. Then, we will explain how Perlman Defense Federal Criminal Lawyers could have helped achieve a more favorable outcome.

Case Overview

In January 2024, Emily Roberts was arrested and charged with illegally distributing prescription opioids. The federal government alleged that she had provided fraudulent prescriptions in exchange for cash payments, violating the Controlled Substances Act. Prosecutors presented evidence that Roberts had issued prescriptions without legitimate medical purposes, making her complicit in a broader drug distribution network. As a result, she was convicted of conspiracy to distribute controlled substances and sentenced to 15 years in federal prison.

This case underscores the serious consequences of opioid-related federal charges. However, a strong legal defense could have significantly impacted Roberts’ sentencing and overall case outcome.

How a Strong Legal Defense Could Have Led to a More Favorable Outcome

Examining the Evidence of Conspiracy

A primary charge against Roberts was conspiracy to distribute controlled substances, which requires the prosecution to prove that she knowingly agreed to participate in illegal drug distribution. An experienced defense attorney would scrutinize whether the evidence met this legal threshold by examining:

• Lack of Direct Communication: If Roberts had no direct communication with drug dealers or large-scale traffickers, it could be argued that she was unaware of any larger conspiracy.
• Weak Circumstantial Evidence: If the prosecution relied primarily on financial records and patient testimony rather than direct proof of intentional drug distribution, the defense could challenge the strength of the conspiracy claim.
• Legitimate Medical Practices: If Roberts provided some of these prescriptions based on legitimate medical evaluations, her attorney could argue that the prosecution failed to establish intent to commit a crime.

If these arguments had been successfully presented, the conspiracy charge might have been dismissed or reduced, significantly lowering the potential sentence.

Negotiating for a Reduced Sentence

Many federal drug cases are resolved through plea agreements rather than full trials. Given that Roberts had no prior convictions, an experienced attorney could have negotiated for a significantly reduced sentence by:

• Plea Bargaining: Accepting responsibility for lesser charges, such as failure to maintain proper prescription records, instead of conspiracy to distribute controlled substances.
• Cooperation with Authorities: If Roberts had information that could aid in the prosecution of more significant players in the distribution network, her attorney could have leveraged this cooperation for a sentence reduction.
• Avoiding Mandatory Minimum Sentences: Some federal drug laws impose mandatory minimums, but an attorney could negotiate a plea deal that circumvents these strict penalties.

Presenting Mitigating Factors

Mitigating circumstances can influence sentencing decisions by providing context for a defendant’s actions. Roberts’ legal team could have presented evidence that:

• She Was Under Duress: If she was coerced or pressured into issuing fraudulent prescriptions, this could have been a key defense strategy.
• She Struggled with Personal or Financial Hardship: If Roberts faced financial difficulties or had been misled into believing her actions were legal, this could have been used to argue for leniency.
• She Had No Prior Criminal History: Defendants with clean records often receive more lenient sentences when represented by attorneys who effectively present their backgrounds to the court.
• She Sought Rehabilitation: If Roberts voluntarily entered a rehabilitation or ethics program for medical professionals, it could have demonstrated her willingness to make amends.

These mitigating factors could have persuaded the judge to impose a significantly lighter sentence, possibly including probation or home confinement instead of federal prison time.

Challenging the Intent to Distribute

In drug-related cases, the prosecution must prove beyond a reasonable doubt that the defendant intended to distribute controlled substances unlawfully. A strong defense strategy would have focused on undermining this element by:

• Arguing Lack of Criminal Intent: If Roberts believed she was issuing prescriptions for legitimate medical reasons, this could counter the claim that she knowingly participated in a trafficking operation.
• Discrediting Witness Testimony: If the prosecution relied on testimony from individuals seeking sentence reductions or informants with questionable credibility, a defense attorney could have challenged their reliability.
• Highlighting Errors in Prescription Monitoring Systems: If electronic records were inaccurate or manipulated, an attorney could use this to question the legitimacy of the evidence.

The Importance of Experienced Legal Representation

Facing federal opioid trafficking charges without skilled legal representation can result in unnecessarily severe penalties. An experienced attorney brings several critical advantages to the defense, including:

1. Thorough Case Investigation – Reviewing financial records, prescription logs, and witness statements to identify inconsistencies in the prosecution’s case.
2. Knowledge of Federal Drug Laws – Understanding the complexities of the Controlled Substances Act and how to use its provisions to a client’s advantage.
3. Negotiation Skills – Engaging with prosecutors to secure favorable plea deals that minimize sentencing exposure.
4. Courtroom Advocacy – Presenting compelling arguments that challenge the government’s evidence and protect the defendant’s rights.
5. Utilization of Expert Witnesses – Employing medical and forensic experts to challenge claims of improper prescription practices.
6. Protection of Constitutional Rights – Ensuring that the defendant’s Fourth, Fifth, and Sixth Amendment rights are upheld throughout the legal process.

Federal opioid trafficking cases are complex, but they are not impossible to fight. The case of Emily Roberts highlights the severe consequences of opioid-related convictions yet also illustrates how a strong legal defense could have led to a more favorable result. From challenging conspiracy charges to negotiating reduced sentencing, multiple legal avenues can be pursued.

Contact Our Federal Drug Crimes Lawyer for a Free Case Consultation

Perlman Defense Federal Criminal Lawyers specializes in defending individuals accused of federal drug crimes, ensuring they receive the best possible legal representation. With an aggressive defense strategy, the right attorney can protect clients from excessive sentencing, wrongful convictions, and the life-altering consequences of a federal drug charge. We defend clients against allegations ranging from drug trafficking and drug smuggling to drug manufacturing and drug importation.

If you or someone you know is facing federal opioid trafficking charges, securing experienced legal representation is essential. The right defense team can mean the difference between decades in prison and a significantly reduced sentence—or even case dismissal. Contact us today for a free case consultation.