Belen Drug Trafficking Lawyer
When you hear the words “drug trafficking,” you might think of a cartel or a large criminal enterprise involving many people. But under New Mexico law, trafficking covers many small-scale activities you might not expect, including possession or giving away a controlled substance. A Drug Trafficking Lawyer understands that trafficking accusations—whether they involve large or small operations—are serious and can lead to severe penalties, life-altering consequences, and a complicated legal process.
But don’t let yourself get overwhelmed by accusations. Get a good drug trafficking lawyer instead. At New Mexico Criminal Law Offices, our drug trafficking lawyers have over two decades of experience and are here to guide you every step of the way.
Drug Trafficking in New Mexico: What You Need to Know
Whether a defendant could face a drug trafficking charge depends on two things: The type of substance involved in the accusation and what the defendant allegedly did with the substance. We go over these details below.
What Substances Fall Under the State’s Drug Trafficking Laws?
New Mexico’s drug trafficking laws punish certain activities that involve Schedule I through V controlled substances or certain controlled substance analogs. In general, these substances contain the following:
- Opiates and opiate derivatives;
- Phencyclidine;
- Methamphetamine;
- Ethchlorvynol;
- Barbituric acid;
- Chlorhexadol;
- Sulfondiethlymethane or sulfonethylmethane;
- Opium and opium derivatives;
- Glutethimide;
- Meprobamate;
- Methohexital;
- Paraldehyde;
- Phenmetrazine;
- Hallucinogenic substances;
- Methylphenidate;
- Lysergic acid or lysergic acid amide;
- Coca leaf preparations, compounds, or derivatives;
- Amphetamine;
- Chloral hydrate;
- Methyprylon;
- Nalorphine;
- Sulfonmethane;
- Narcotics;
- Barbital, methylphenobarbital, or phenobarbital;
- Chloral betaine;
- Petrichloral;
- Diphenoxylate and atropine;
- Pseudoephedrine; and
- Ethinamate.
As you can see, there can be some science behind a drug trafficking charge. You might know some of the above-listed substances by more common names, such as codeine, cocaine, or fentanyl.
There are also several exceptions when dealing with some of the substances, and a charge might not stick if only a small quantity of a substance is involved. A drug trafficking lawyer from our firm understands these nuances and can help ensure you are not wrongfully charged or convicted.
What Activities Count As Drug Trafficking?
You can face drug trafficking charges for engaging in any of the following acts with a controlled substance listed above:
- Manufacturing,
- Distributing,
- Giving away,
- Possessing with the intent to distribute,
- Selling, or
- Bartering.
At times, these charges can arise even from relatively small amounts of drugs, it just depends on the drug and the circumstances. The drug trafficking laws don’t differentiate between large-scale dealers and individuals caught with a few items intended for sale or sharing, so you should immediately contact a drug trafficking attorney or drug possession lawyer if you face a charge.
Penalties for Drug Trafficking in New Mexico
Drug trafficking penalties in New Mexico are harsh and depend on factors like:
- The type and quantity of drugs involved,
- Prior convictions,
- Whether the offense occurred near a school or other protected area, and
- Whether anyone died as a result of the trafficking.
We can help ensure that a judge looks at all mitigating factors in your record and backstory to reduce any potential penalties you might face.
The penalties for drug trafficking include the following:
- A first offense is a second-degree felony that could mean between 9 and 18 years of imprisonment and up to $12,500 in fines,
- A subsequent offense is a first-degree felony that could mean between 18 years and life in prison and up to $17,500 in fines, and
- An offense that occurs in a drug-free school zone is a first-degree felony that could mean between 18 years and life in prison and up to $17,500 in fines.
Additionally, trafficking charges involving minors or large quantities of drugs (including marijuana) can elevate the charges to federal offenses, which carry harsher repercussions.
When you hire a drug crimes lawyer from New Mexico Criminal Law Offices, you hire someone who can effectively fight state and federal charges on your behalf. We have won acquittals and reduced sentences for hundreds of clients.
Common Defenses Against Drug Trafficking Charges
Drug trafficking cases often hinge on the evidence presented by law enforcement. As your drug trafficking lawyer, we can carefully examine the circumstances of your arrest and the evidence to identify weaknesses in the prosecution’s case. Some common defenses include the following:
- Illegal search and seizure. If law enforcement obtained key evidence through an unlawful search, we can argue for that evidence to be excluded. If enough evidence is excluded, it can fatally weaken the prosecution’s case.
- Lack of intent. Proving intent to distribute is a major element of trafficking charges. Without clear evidence of intent, the charges may not hold up.
- Medicinal needs. Sometimes, an activity involving a controlled substance is not illegal if the substance is appropriately and legally used for medical reasons.
- Mistaken identity. If you have been wrongfully accused of trafficking due to mistaken identity or false accusations, we can challenge the identification to get your case dismissed.
Our team can also poke holes in every aspect of the prosecution’s case to help ensure that a judge or jury finds a reasonable doubt regarding allegations against you.
The Importance of Acting Quickly
Time is critical when facing drug trafficking charges. The sooner you contact a drug trafficking attorney, the more effectively they can protect your rights and build a strong defense. Without a lawyer from the beginning, any of the following could happen:
- Police could trick or coerce you into an unnecessary admission, even if you are innocent;
- Evidence could disappear;
- Witness memories could fade; and
- Opportunities to challenge the charges might be missed.
Whatever stage your case is in, we can improve matters for you with our skilled representation.
Why Choose New Mexico Criminal Law Offices?
We are dedicated to defending clients against serious drug offenses. Our attorneys have a proven track record of success in handling complex drug cases. When you work with us, you get:
- Personalized attention. We take the time to understand your unique circumstances and craft a defense strategy tailored to your needs.
- Aggressive representation. Our team doesn’t back down. We fight tirelessly to protect your rights and achieve the best possible outcome.
- Experienced legal guidance. With decades of knowledge regarding New Mexico’s drug laws, we have the experience to effectively navigate the intricacies of your case.
You can contact our office at any time to set up a free case evaluation.
Don’t Take On Drug Trafficking Charges Alone
If you’re searching for a “drug trafficking lawyer near me” or need help with any drug-related charges, don’t hesitate to contact the New Mexico Criminal Law Offices. Let us help you take the first step toward resolving your case and moving forward with your life. We receive top ratings from our clients and can give you the best defense. Call us or contact us online today for a free consultation.
Resource List
- New Mexico Statutes Annotated, §30-31-2, link
- New Mexico Statutes Annotated, §30-31-6, link
- New Mexico Statutes Annotated, §30-31-7, link
- New Mexico Statutes Annotated, §30-31-8, link
- New Mexico Statutes Annotated, §30-31-9, link
- New Mexico Statutes Annotated, §30-31-10, link