Drug Crime Lawyer in Albuquerque 

Criminal charges related to drugs, whether street drugs or unauthorized prescription medicines, are common in New Mexico and across the U.S. New Mexico drug crimes are particularly acute due to the state’s position as a transit point for narcotics imported into the country. Nationwide, drug offenses make up a significant portion of all criminal charges, with millions of arrests each year for various drug-related activities, from simple possession to large-scale trafficking. 

If you or someone you love has been arrested for a drug crime, you could be facing severe and lasting consequences, depending on the circumstances. Putting an experienced criminal defense lawyer on your side is crucial to increasing your chances of a better outcome. 

At Rudolph B. Chavez Attorney At Law, our Albuquerque drug crimes attorney is committed to providing you with comprehensive legal representation. Attorney Rudy Chavez brings 40 years of professional experience to your case and a reputation for close client care and support. 

Book a free initial consultation about your case at Rudolph B. Chavez Attorney At Law by phone at (505) 390-7650 or submit our online contact form. 

Drug Crimes in New Mexico

Like other states, New Mexico has established “schedules” of drugs, classifying them based on their potential for dependency and abuse and their medical value. These schedules are divided into five groups, with the most dangerous drugs in Schedule I and II. 

Examples of Schedule I drugs include heroin, LSD, and MDMA (ecstasy). Schedule II includes methamphetamine, cocaine, Oxycodone, and Adderall. Schedule III includes ketamine and anabolic steroids. Schedule IV includes Xanax, Valium, and Ambien. Schedule V has the lowest potential for abuse and consists mainly of preparations containing limited quantities of certain narcotics, such as cough medicines with codeine. 

Common Defenses to Drug Charges in NM

Facing drug charges in New Mexico can be daunting, but there are several common defenses that an experienced drug crime defense attorney might employ to challenge these charges. 

Each case is unique, and the applicability of these defenses depends on the specific circumstances of the case. Here are some common defenses to drug charges in New Mexico:

• Illegal Search and Seizure: The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement conducted a search without a valid warrant, probable cause, or your consent, any evidence obtained during that search might be deemed inadmissible in court. Challenging the legality of the search can be a strong defense.
• Lack of Possession: To be convicted of a drug possession charge, the prosecution must prove that you knowingly and intentionally possessed the drugs. If the drugs were found in a location where multiple people had access, such as a shared home or vehicle, it might be argued that the drugs did not belong to you.
• Chain of Custody Issues: The prosecution must establish an unbroken chain of custody for the drug evidence from the time it was seized until it is presented in court. If there are gaps or inconsistencies in the chain of custody, it might raise doubts about the integrity of the evidence and lead to its exclusion.
• Entrapment: Entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise committed. If you can demonstrate that you were coerced or pressured into committing the drug offense by police, this defense might be applicable.
• Lack of Intent: Many drug charges require proof of intent. If you can show that you did not knowingly or intentionally possess, distribute, or manufacture the drugs, you might be able to avoid conviction. For example, if the drugs were planted on you or you were unaware that you were in possession of illegal substances, this defense might be viable.
• Medical Necessity: In some cases, individuals may possess drugs for legitimate medical reasons. If you have a valid prescription or were using the drugs to treat a medical condition, this defense might be applicable. This defense is more relevant for charges involving prescription drugs or medical marijuana.
• Insufficient Evidence: The prosecution bears the burden of proving your guilt beyond a reasonable doubt. If the evidence against you is weak or insufficient, your attorney might argue that the prosecution has failed to meet this burden, resulting in the dismissal of charges or an acquittal.
• Miranda Rights Violation: If law enforcement failed to read you your Miranda rights during an arrest, any statements you made during custodial interrogation might be suppressed. This can weaken the prosecution's case, especially if those statements are critical to proving your guilt.
• Duress or Coercion: If you were forced to commit a drug-related offense under threat of harm, you might raise a defense of duress or coercion. This defense requires showing that you had no reasonable opportunity to escape the threatening situation.
• Procedural Errors: Errors in the handling of your case, such as incorrect filing of charges, mishandling of evidence, or violations of your procedural rights, can be grounds for dismissal or reduction of charges.

These defenses highlight the importance of having a skilled drug crime attorney who can evaluate the specifics of your case, identify applicable defenses, and effectively advocate on your behalf. Drug charges are serious, but with the right legal strategy, it is possible to challenge the charges and protect your rights.