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Drug Trafficking Cases

Drug Trafficking Cases

Drug Trafficking Cases

In New Mexico, where drug trafficking laws are particularly stringent, having a clear understanding of your rights and the law is crucial, especially for those facing related charges.

At Frechette & Associates, we’re dedicated to providing comprehensive legal representation in drug trafficking cases, ensuring every detail of your case is meticulously examined for the best possible defense.

Legal Framework of Drug Trafficking in New Mexico


In New Mexico, drug trafficking crimes encompass a range of activities, including the manufacturing, distribution, and possession of controlled substances with the intent to distribute.

Manufacturing Illegal Substances

Manufacturing refers to the production or creation of controlled substances. It can include growing, producing, or preparing illegal drugs.

Distributing Controlled Substances

Distribution involves the selling, delivering, or providing of controlled substances to others. This can be in the form of selling drugs for profit but also includes other methods of distribution, such as giving drugs away without payment.

Possession With Intent to Distribute

This involves having controlled substances in one’s possession with the aim of distributing them. Often, determining the intent to distribute depends on the amount of drugs a person possesses and the context of that possession.

In some cases, possession of a certain quantity of drugs can lead to a presumption of intent to distribute.

Our attorneys at Frechette & Associates understand the nuances of these definitions and their critical impact on your case. Our team’s proficiency in interpreting and challenging the legal framework ensures your rights are vigorously defended at every step of the judicial process.

Understanding Drug Schedules and Classes

New Mexico law categorizes controlled substances into five distinct schedules based on their accepted medical use, potential for abuse, and likelihood of causing dependency. Understanding these schedules is crucial in drug trafficking cases, as they significantly influence legal ramifications.

Schedule I Drugs

These substances are considered to have a high potential for abuse and no accepted medical use in the United States. They are often seen as the most dangerous class of drugs, with a high probability of leading to severe psychological or physical dependence.

Examples include heroin, LSD, ecstasy, and, in many jurisdictions, marijuana. Although marijuana is legal in New Mexico, it remains a Schedule I drug under federal law and may be treated as such in federal cases. Possessing or transporting marijuana in certain locations, such as across state lines, or federal tribal lands and roads, can have serious consequences.

Schedule II Drugs

This category includes drugs with a high potential for abuse, though they may have accepted medical uses with severe restrictions. These substances also carry a high risk of severe psychological or physical dependence. Common examples are cocaine, methamphetamine, oxycodone, fentanyl, and morphine.

Schedule III Drugs

Drugs in this schedule have a lower potential for abuse compared to Schedule I and II substances and have currently accepted medical uses. They can lead to moderate or low physical dependence or high psychological dependence.

Examples include anabolic steroids, ketamine, and certain compounds containing less than 90 milligrams of codeine per dosage unit (like Tylenol with Codeine).

Schedule IV Drugs

These are substances with a lower potential for abuse relative to Schedule III drugs and have accepted medical uses. Abuse of these drugs may lead to limited physical or psychological dependence. This category includes drugs like Xanax, Valium, Ativan, and Ambien.

Schedule V Drugs

Schedule V drugs have the lowest potential for abuse compared to the drugs listed in the other schedules. They have accepted medical uses and typically lead to limited physical or psychological dependence relative to the drugs in Schedule IV.

These often include medications like cough preparations with less than 200 milligrams of codeine per 100 milliliters or per 100 grams (like Robitussin AC).

In drug trafficking cases, the schedule of the drug involved heavily influences the legal approach and potential penalties. Frechette & Associates is adept at navigating these complexities, ensuring clients receive knowledgeable legal counsel tailored to their specific circumstances.

Drug Trafficking Penalties in New Mexico


In New Mexico, the penalties for drug trafficking are significantly stringent, reflecting the state’s rigorous approach to drug-related offenses. The severity of these penalties varies based on factors like the type of controlled substance, the amount involved, the defendant’s criminal history, and whether the case is under state or federal jurisdiction.


Classification and Penalties Under State Law


Drug trafficking in New Mexico is generally classified as a second-degree felony. For a first-time offense, which could involve distribution, sale, or possession with intent to distribute, the penalty can be up to 9 years in prison.

For second-time offenders, the consequences are even more severe because it will be classified as a first degree felony with up to 18 years in prison. These harsh penalties underscore the seriousness with which drug trafficking offenses are treated in the state.


Financial Implications and Long-Term Repercussions


Apart from imprisonment, individuals convicted of drug trafficking crimes may also face hefty fines, sometimes amounting to tens of thousands of dollars.

Moreover, a drug trafficking conviction can have enduring implications, including a permanent criminal record. This record can negatively impact employment opportunities, housing options, and educational prospects.

Given the severe potential consequences of drug trafficking crimes in New Mexico, expert legal representation is crucial. At Frechette & Associates, we’re committed to exploring every avenue possible to reduce these penalties and secure the most favorable outcome. Our attorneys have extensive experience ensuring well-rounded legal representation.

Legal Defenses in Drug Trafficking Cases

Common defenses in drug trafficking cases include challenging the admissibility of evidence, arguing entrapment, or disputing the intent to distribute.

Frechette & Associates is proficient in employing these defenses effectively. We scrutinize the prosecution’s evidence, looking for constitutional violations or procedural errors that could result in the exclusion of evidence.

Our team also explores the possibility of entrapment, especially in cases involving undercover law enforcement operations. We are adept at arguing against the presumed intent to distribute, especially in cases where the amount of drugs involved does not clearly indicate distribution.

Frechette & Associates: Your Ally in Drug Trafficking Lawsuits


When facing drug trafficking charges, choosing Frechette & Associates means securing unmatched legal representation in New Mexico.

Our extensive experience, detailed case review, and dedicated approach position us as your ideal legal ally. We pride ourselves on our integrity and familiarity with the legal system, earning respect within the legal community.

Our commitment to each client is reflected in our thorough understanding of their case and the legal landscape, ensuring we provide the best possible defense. We bring a combined 60 years of legal experience in New Mexico courts, having managed over 6,000 criminal cases.

Leveraging our comprehensive knowledge of prosecutorial tactics and judicial tendencies, we develop strategic defenses tailored to your unique situation. Rest assured, your case will be managed with the utmost discretion, efficiency, and professionalism.

Partner with Frechette & Associates and gain fierce advocates dedicated to achieving the best possible outcome in your case.

Choose Frechette & Associates for Expert Defense in New Mexico Drug Trafficking Cases

At Frechette & Associates, we understand the complexities of drug trafficking prosecution in New Mexico. Our team is dedicated to defending your rights and ensuring you receive the best possible representation.

We approach each case with a commitment to diligence, thoroughness, and a deep understanding of the law. Remember, early legal intervention can be pivotal in the outcome of your case.

Contact us today for a free consultation, and let our experience and dedication make a significant difference in your legal journey.