Drug Charge Defense Attorney in New Mexico

New Mexico is just one of many states cracking down on the possession, distribution, and trafficking of drugs. If you were charged with a drug crime in New Mexico, you face jail time, house arrest, and/or probation. You may also be forced to undergo drug counseling or a drug recovery program. In addition to court-imposed sanctions, it may be difficult to find gainful employment with a criminal conviction, or even a decent place to live. At Law Offices of Edward Chavez, Jr., our Albuquerque drug defense lawyer has experience in defending those charged with drug crimes and is prepared to help you fight the charges and for your freedom.

Drug Possession

Drug possession refers to the possession of a controlled substance such as cocaine, heroin, prescription drugs (without the prescription), methamphetamine, and marijuana, amongst other drugs. Though this is the most lenient of drug charges a person can get, it can still result in a felony depending on the type and amount of drugs on your person. In fact, possession of small amounts of marijuana is one of the only possession charges that does NOT result in a felony.

Depending on the nature of the circumstances surrounding your arrest, you may also be charged with drug trafficking, or possession with the intent to distribute. Though it can be difficult to determine a person's motives without physical proof (large amounts of cash, a scale, baggies for distribution), the amount a person has on him or her may be enough to convince law enforcement that he or she planned to sell the substance.

Drug Distribution

As mentioned above, a person may be charged with drug distribution if he or she is arrested for carrying large quantities of any given substance. A person can be convicted of this charge even if there is no evidence suggesting that the person actually sold or distributed the drug. Drug distribution falls somewhere between possession and trafficking in the eyes of the state.

Drug Trafficking

Drug trafficking is the most serious drug offense in any state and is considered a felony in the state of New Mexico. The act of drug trafficking encompasses the transportation, manufacturing, and delivery of a controlled substance. As with distribution, the prosecutor does not need evidence that money changed hands in exchange for the drugs; all the prosecutor needs to show is that you had certain paraphernalia on you, such as scales or small baggies.

Punishments for Drug Crimes in NM

The punishments for drug crimes in New Mexico varies depending on the amount of the substance in one's possession, the type of drug in one's possession, and whether or not the person in question also had drug paraphernalia on his or her person at the time of the arrest. That said, it is safe to assume that, if caught with drugs, you will be charged with a felony. All drug crimes other than those concerning small amounts of marijuana, are charged as, at the very least, a fourth-degree felony. Drug crimes charged as fourth degree felonies typically deal with one of the following substances:

  • PCP;

  • GHB;

  • Heroin;

  • Crack cocaine;

  • Cocaine;

  • Methamphetamine;

  • Opium derivatives;

  • Stimulants;

  • Depressants;

  • Opiates; and

  • Hallucinogenic substances.

Under New Mexico law, a fourth-degree felony carries a punishment of up to $5,000 fines and up to 18 months in prison. A trafficking conviction can carry far more serious consequences.

Contact a Drug Crimes Attorney for Immediate Legal Assistance

Drug crimes are no joke, and if convicted, your very future might be irreversibly and negatively altered. At the Law Offices of Edward Chavez, Jr. , we are prepared to fight for your innocence and your freedom. Call our office today to learn more about how we can defend your rights or reach out to us online .