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Santa Fe is situated just north of Albuquerque, right off of Interstate As a result, the city sees a significant amount of drug trafficking crime. According to the United States Justice Department , the most common drugs trafficked across New Mexico are methamphetamine and heroin. Most of these drugs come in from Mexico. From there, traffickers transport the drugs throughout the state and across the country. Due to the high rate of Santa Fe drug trafficking activity, police are constantly on the lookout for suspicious behavior. However, police often overstep their bounds when investigating New Mexico drug trafficking crimes. When the topic of drug trafficking comes up, most people think of drug mules and the various cartels in Mexico and South America. Indeed, these are examples of drug trafficking. However, the term drug trafficking covers the manufacturing, sale, bartering, or even giving away of narcotics. Thus, even low-level street dealers can be charged with a Santa Fe drug trafficking crime. However, not all drug possession offenses are classified as drug trafficking. It depends on the type of drug. For example, trafficking includes:. Thus, while the manufacturing of a Schedule III narcotic would be charged as a drug trafficking offense, the mere sale of the same Schedule III narcotic would not necessarily be considered drug trafficking, depending on the amount in question. While most drug trafficking charges rely on evidence of an actual sale, drug trafficking charges often rely solely on someone being caught with the drug. In other words, drug trafficking crimes may not be based on an observed sale. The answer is that the government can rely on circumstantial evidence that someone intended to traffic drugs. For example, if police arrested someone with a small packet of heroin, it would be difficult for the government to argue they had the intent to sell because one packet of heroin could be for personal use. However, compare that situation to one in which someone has a Ziploc bag of bulk heroin, a scale, and small baggies. In this scenario, the government will argue that even in the absence of an observed sale, the circumstantial evidence supports a finding that the defendant intended to sell the drugs. Circumstantial evidence of drug trafficking can be difficult to refute. But in some circumstances, it can be done. There are several defenses to Santa Fe drug trafficking charges. When it comes to defending against drug trafficking charges, the most common defense is a motion to suppress. Most often, motions to suppress in drug trafficking cases involve unreasonable searches or seizures. The Fourth Amendment to the United States Constitution requires that law enforcement have probable cause or reasonable suspicion, depending on the scenario to stop and search a person, their car, or their home. If you have recently been arrested and charged with a Santa Fe drug trafficking crime, reach out to the dedicated Santa Fe drug trafficking attorney at the New Mexico Criminal Law Offices. With more than 22 years of experience defending the rights of clients charged with all types of drug possession, distribution, and trafficking, we know what it means to hold the prosecution to their high burden. Our lawyers recognize the stress and anxiety that having a serious drug trafficking case hanging over your head can cause, and we will do everything we can to fight for your freedom. To learn more about how we can help you defend against the crimes you are facing and to schedule a free consultation with an experienced criminal defense legal practitioner, give us a call. You can also contact us through our online form, and one of our attorneys will contact you. If you have been arrested for any criminal offense, do not hesitate to contact our law offices. Open Hours: M-F, 8am-5pm. NW , Albuquerque, NM New Mexico Criminal Law Offices. Clearing your name is our 1 priority. How the Government Proves Drug Trafficking Charges While most drug trafficking charges rely on evidence of an actual sale, drug trafficking charges often rely solely on someone being caught with the drug. Defenses to Santa Fe Drug Trafficking Charges When it comes to defending against drug trafficking charges, the most common defense is a motion to suppress. My other Attorney had refused to help me and said that I couldn't possibly get my unsupervised probation dismissed and my rights granted back to me early. 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