Proven Albuquerque Drug Trafficking Attorneys Ready To Assist You
If you have been accused of a drug trafficking crime in New Mexico, it’s OK to be scared. But you don’t have to stay scared or face the charges alone. An award-winning Albuquerque drug trafficking lawyer from New Mexico Criminal Law Offices can help reduce the likelihood of a conviction or a lengthy sentence.
At New Mexico Criminal Law Offices, we’re here to fight for you, protect your rights, and guide you through any criminal matter. Let’s walk through what you’re facing and how you can start taking back control today.
What Is Drug Trafficking?
Many people hear the word trafficking and think of huge drug operations. But in New Mexico, the law defines drug trafficking more broadly.
Under New Mexico law, drug trafficking includes doing the following with a controlled substance:
- Manufacturing,
- Distributing,
- Selling,
- Bartering,
- Giving it away, or
- Possessing the drug with an intent to distribute it.
You don’t have to be caught moving pounds of drugs across borders to face trafficking charges. Even small amounts of certain substances can qualify if police or prosecutors believe you meant to sell or deliver them.
The law separates drugs into five categories—called schedules—based on their danger and medical use. Some examples from the schedules are:
- Schedule I—includes opiates, hallucinogenics, and their derivatives, like mescaline, heroin, and psilocybin;
- Schedule II—includes stimulants, opioids, and their derivatives, such as fentanyl, methamphetamine, cocaine, and oxycodone;
- Schedule III—includes hallucinogenics, stimulants, and depressants, like PCP (phencyclidine), and mixtures containing limited amounts of cocaine;
- Schedule IV—includes depressants derived from substances such as barbital, petrichloral, and methohexital; and
- Schedule V—includes substances that contain limited amounts of narcotics and opiates.
The above-listed examples are just a snapshot of the many drugs subject to drug trafficking laws. Discuss your case with a knowledgeable drug trafficking attorney to identify any discrepancies between your charges and the drugs that led to your arrest. If law enforcement misidentified a substance, you might be on your way to a case dismissal.
What Are the Penalties?
Drug trafficking is a serious felony in New Mexico and under federal law. Convictions often carry mandatory prison time—even for first offenses.
Fines and Prison Time for State Convictions
For a first-time trafficking offense, you may face a second-degree felony that includes up to nine years in prison and a fine of up to $10,000. And if you’ve been convicted of a drug felony before, the next charge becomes a first-degree felony that includes up to 18 years in prison and up to $15,000 in fines. These penalties significantly increase if someone dies because of your actions or if your charge includes trafficking in a drug-free school zone.
Fines and Prison Time for Federal Convictions
The State of New Mexico is not the only entity that can charge you with drug trafficking. The federal government may also charge you for trafficking. Federal penalties are harsh and can include the following:
- Up to 40 years in prison and $10 million in fines for first-time trafficking charges involving certain drugs and amounts, and
- Up to life in prison and up to $20 million in fines for trafficking higher amounts of drugs or repeat trafficking convictions.
Once again, penalties may be worse if a serious injury or death results from your actions.
Fortunately, a federal court might reduce your sentence through the safety valve exception if you:
- Have a minimal criminal record,
- Did not lead or organize the trafficking activity,
- Did not use violence during the trafficking activity,
- Did not participate in trafficking activity that resulted in serious injury, and
- Gave the government information about the crime before sentencing.
Our Albuquerque drug trafficking lawyer can determine if this safety valve is the best option for your case.
Other Consequences of Drug Convictions
The consequences of drug trafficking don’t always end with prison time and less money in the bank. A conviction can also impact your:
- Employment,
- Immigration status,
- Ability to get housing or loans,
- Child custody rights,
- Driving privileges, and
- Professional opportunities.
Whatever penalties you might face, you should speak to a drug trafficking defense attorney as soon as possible. The help of an experienced drug crime lawyer may mean the difference between walking free and severe restrictions on your liberty and finances.
Possible Defenses Against Drug Trafficking Charges
Every case is different. But no matter what the facts are, you have rights in a criminal trial. The government must prove every element of a crime beyond a reasonable doubt. So, a skilled Albuquerque drug trafficking lawyer may develop a defense by asking questions similar to the following:
- Did the police conduct a legal search?
- Was there probable cause for the warrant?
- Did the police handle the arrest properly?
- Were you actually in possession of the drugs?
- Was there solid evidence of criminal intent?
Based on the above-listed questions and others, the following are common defenses that may apply.
Unlawful Search or Seizure
If law enforcement violated your Fourth Amendment rights—like searching your home or car without probable cause, a warrant, or consent—any evidence they found may be thrown out. If the illegally seized evidence leads to the subsequent discovery of additional evidence, the additional evidence may be thrown out as fruit of the poisonous tree.
Lack of Intent
Possession alone doesn’t prove trafficking. The prosecution must show you intended to sell or distribute a controlled substance. Sometimes, personal use amounts are wrongly charged as trafficking, and our drug trafficking lawyers can help you challenge such a charge.
Entrapment
If police pressured you into committing a crime you wouldn’t have otherwise committed; their actions may qualify as entrapment. This is a tricky defense to assert, but a successful claim of entrapment could exonerate you.
Mistaken Identity or Ownership
Were the drugs found in a shared space like a car or apartment? If so, it might be unclear who they belonged to, and that lack of clarity might poke significant holes in the prosecution’s case.
Lab or Chain-of-Custody Errors
Improper handling, testing, or storage of evidence can raise doubts about whether a drug was actually a controlled substance or whether it was contaminated. We’ve used these and other defenses successfully in courts throughout New Mexico.
Why Choose Our Drug Trafficking Attorney?
We are New Mexico Criminal Law Offices, and drug defense is what we do. You’re not just another case file to us. You’re a real person facing one of the toughest times of your life, and we want to help.
When you work with us, here’s what you can expect:
- Award-winning advocacy,
- Clear and honest advice,
- An aggressive defense,
- Local experience, and
- Compassionate support.
You’re not alone. We guide you every step of the way. We answer your calls. We show up in court. We also treat you with the dignity and respect you deserve.
Our Drug Trafficking Lawyers Are Ready to Help You
Being charged with drug trafficking doesn’t mean you’re guilty. It means you need the right team to fight for your future. At New Mexico Criminal Law Offices, we have defended the people of New Mexico for nearly 30 years. We also represent individuals from all walks of life—from first-time defendants to those facing serious charges for repeat offenses. We understand the system, and we know the law.
If you’re searching for a trusted Albuquerque drug trafficking lawyer, don’t wait. Call us for a free, confidential consultation. Let’s talk about your case and how we can help.
Resources:
- NMSA § 30-31-6, link.
- NMSA § 30-31-7, link.
- NMSA § 30-31-8, link.
- NMSA § 30-31-9, link.
- NMSA § 30-31-10, link.
- Congress.Gov, “Federal Mandatory Minimum Sentences: The Safety Valve and Substantial Assistance Exceptions,” link.
- Constitution Annotated, “Amdt4.3.7 Unreasonable Seizures of Persons,” link.
- State v. Mustelier-Sanchez, No. A-1-CA-36982 (N.M. App. Dec. 02, 2019), p. 6, link.