Colorado Springs, CO asked in Criminal Law for Colorado

Q: How can you be convicted in a crime if there was no victim can the district attorney stand up and say that she is victim

If there was no dead body nobody got hurt no property or anything that damaged how is there a victim in this crime when asked for the victim to be brought forth in front of me in trial the district attorney stood up and said that she was the victim representative for the state.. is that even legal ? And when I received my PSI recommendation it says the probation department seeks to obtain a written impact statement from all listed victims and his or her guardians because an identifiable victim is not listed in the charges she was found guilty for. I was convicted on one count of possession with intent to distribute marijuana marijuana concentrate which I happen to have permission to grow with a 99 red card I was approved for was allowed to have. All of the medical marijuana that I had was grown with a legal grow card the sheriff's took everything that I had never considering that it was my medicine I have had my red card for 4 years different plant counts each year

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1 Lawyer Answer

Jonathan Greenlee

Answered
  • Criminal Law Lawyer
  • Boulder, CO
  • Licensed in Colorado

A: For this type of charge, there would never be a "victim"- the "victim" is the state, as the prosecutor said. There are many crimes like this- a DUI without an accident, for example, does not have a person who is a victim, the victim is the state as a whole, represented by the prosecution.

The language from your PSI is just probation doing their due diligence in attempting to obtain any victim impact statement, as required by law. If there is no victim, there will be nothing for them to collect.

A red card could explain why you have a certain number of plants, and I would assume that you having a red card and permission to grow that number of plants was raised at trial. Having a red card does not disprove an attempt to distribute, however, as that charge is not based on just having a certain number of plants or weight of marijuana. Intent to distribute would require more than just evidence of you having a number of plants- there would need to be evidence of activity that supported a plan for distribution, such as scales, ledges, numerous individual packages, or attempts or plans to sell to others.

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