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Albuquerque Drug Crime Lawyer

New Mexico Defense Attorneys Fighting Drug Crimes and Related Charges

If you’ve been arrested and charged with a drug crime in New Mexico, you have every reason to be worried.  It is important that you get into contact with an experienced and dedicated Albuquerque drug crimes defense attorney if charged with a drug crime in New Mexico.  Drug crimes are serious offenses in this state, and being arrested for possession, sale, or trafficking of drugs can result in harsh prison sentences, large fines, and mandatory drug rehab programs. In addition, you’ll face the lifelong stigma of having a criminal record, the loss of your reputation in the community, and frequently the inability to obtain employment, housing, or financial aid to pursue an education. If you have prior offenses, you should also be aware of the potential for mandatory enhanced sentencing under New Mexico’s “habitual offender” law.

If you or a member of your family has been arrested for a drug crime, you should immediately contact an experienced drug defense attorney to protect your constitutional rights and prevent crippling limitations on your options for the future.

Kinds of Illegal Drugs

Drug crimes include possession, distribution, trafficking, smuggling, transporting, selling, or manufacturing of illegal substances including

  • Heroin
  • Cocaine
  • Ecstasy
  • Methamphetamine
  • Prescription pain killers
  • Marijuana (for non-medical purposes)

Types of Drug Crimes

  • Possession, which is generally having a small quantity of the controlled substance for personal use;
  • Possession with intent to distribute or sell;
  • Selling, which is exchanging drugs for money or other compensation.
  • Drug trafficking, which involves possessing, manufacturing, cultivating, or transporting a large quantity of controlled substances as a commercial activity.

Drug Crime Defenses

It is important to find an experienced drug defense lawyer immediately when you’ve been arrested for a drug crime. The sooner your Albuquerque defense lawyer gets to work, the better your chances of a favorable outcome.

Very often, police make major mistakes when making a drug arrest and collecting evidence. Some examples include the following:

  • Illegal search and seizure.
  • Entrapment
  • Using falsified information to obtain a search warrant
  • Insufficient evidence
  • Planted evidence
  • Coerced confession
  • Failing to inform you of your rights
  • Continued interrogation when you’ve requested a lawyer
  • Use of informant who is receiving some benefit in exchange

Other defenses include having a provable alibi, inability of police to produce the drugs, or showing the drugs belonged to another person, and in state courts only, the medical marijuana exception.

Skilled, Professional Drug Defense in State and Federal Courts

The drug defense attorneys at the New Mexico Criminal Law Offices in Albuquerque practice in both state and federal courts. Our lawyers are skilled at analyzing drug cases to identify errors or misconduct by police, which can be used to support a motion to suppress the evidence and other convincing proof that may result in charges being dismissed.
As a result of our many years of experience successfully defending clients facing all levels of drug charges, from possession to federal drug crimes, the attorneys at New Mexico Criminal Law Offices are able to protect your constitutional rights, present evidence in your favor, and raise the reasonable doubt that could lead to an acquittal. If we come on board early enough, we can sometimes even prevent charges from being filed.

Frequently Asked Questions (FAQs)

What is “possession” for the purpose of criminal law?

To “possess” an illegal drug, you must:

  • have physical control over it, and
  • have the knowledge or intention of having it.

“Willful blindness” is no defense to possession – refusing to check the contents of a bag you were paid to carry over a border, for example, is no defense if you had good reason to believe the bag contained an illegal drug.

What are some defenses against a drug charge?

Some of the most common defenses are:

  • The search that discovered the drug was illegal
  • The drugs belonged to someone else (your roommate, for example, if they were found in your apartment)
  • The crime lab analysis reveals that the substance you were caught with was not actually an illegal drug
  • The drugs are missing (the police misplaced them)

What is the exclusionary rule?

The exclusionary rule, based on the Fourth Amendment to the U.S. Constitution, allows you to exclude evidence that the police obtained illegally. That means that this evidence cannot be used against you even if it would prove you guilty. You can still be convicted if the prosecutor has enough evidence to convict you, even without the excluded evidence.

What happens if both New Mexico and the federal government both want to prosecute me for the same drug offense?

If the New Mexico government and the federal government get into a conflict over who should prosecute you, the federal government wins and New Mexico must refrain from prosecuting you. This could carry consequences for you in terms of the severity of your sentence.

What is a “drug free school zone”?

A drug-free school zone is an area defined by a 1,000-foot radius around a primary or secondary school. Penalties are greatly increased if you are caught committing a drug offense in a drug-free school zone, even if the offense did not involve students.

What are the biggest mistakes I can make in a criminal prosecution against me?

The biggest mistakes you can make in a criminal prosecution against you include:

  • Attempting to represent yourself
  • Confessing
  • Speaking too freely to the police
  • Waiting too long to retain a defense attorney.

A complete list of mistakes, however, is too long to include here.

Can a policeman search my car or my home without a warrant?

It depends on the circumstances. Although the general rule is that a warrant is required to justify a search, many exceptions to the warrant rule exist. A lot depends on where the search is conducted – a warrant is more likely to be required to search your home than to search your car.

What is entrapment?

Entrapment is a defense that will win you a complete acquittal if it is successful, even if the evidence against you is overwhelming. You may have an entrapment defense, for example, if the police pressured you into committing the crime and supplied the drugs themselves (by posing as a dealer and offering to sell you drug, for example).

Free Consultation with Drug Crimes Attorney in Albuquerque

If you or someone you love has been charged with a drug crime in the Albuquerque area, it is imperative that you contact the New Mexico Criminal Law Offices in Albuquerque immediately, before answering any questions from law enforcement. There is never a charge for the first consultation, and if finances are a problem, we can arrange an easy payment schedule.