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Wobbler Statute

If you have been charged with a drug crime, it is important to know whether or not the particular drug crime you are charged with is classified as a wobbler. If you are not charged with a wobbler, reducing your charge to a wobbler via plea bargaining can be incredibly beneficial to you in terms of your criminal record.

 

Although Colorado law recently was modified to allow for wobblers in certain drug crimes, few – even attorneys – are familiar with their existence. Wobblers have longed existed in other jurisdictions, but are new to our state.

 

What is a Wobbler?

 

A wobbler is a drug felony conviction that, upon successful completion of probation, is reduced to a misdemeanor conviction instead. Wobblers are only available for certain drug offenses occurring after October 31, 2013.

 

What crimes are wobbler eligible?

 

Not all drug felonies are wobbler eligible. The following drug felonies, however, are:

  • Possession of twelve or more ounces of marijuana
  • Possession of more than three ounces of marijuana concentrate
  • Possession of four grams or less of schedule II substance
  • Possession of two grams or less of methamphetamine or heroin

 

Who does not qualify for the benefit of a wobbler?

 

The following defendants cannot take advantage of a wobbler:

  • Defendants who are probation ineligible
  • Defendants who have been convicted previously of a crime of violence
  • Defendants who have on two previous occasions taken advantage of a wobbler

How does a wobbler differ from diversion or a deferred judgement?

 

A diversion or deferred judgement plea is better than a wobbler plea, but may not be available in every case. Those types of pleas are better because at the conclusion of the probationary sentence, the case is entirely dismissed and can immediately be sealed. However, charges of distributing are rarely resolved with diversion or deferred judgement pleas or even split pleas, absent special circumstances. In such situations, a wobbler plea may be the best case scenario for resolving the case.

 

If you have been charged with a felony drug offense or, consult with drug crimes defense attorney Kimberly Diego today to discuss the possibility of taking advantage of a wobbler in your case by calling 720-257-5346 for a free consultation, or simply fill out a short case review form