I-25 profiling in New Mexico is becoming more common. The legalization and decriminalization of weed in Washington, California, and Colorado have brought an influx of controlled substances right into the state of New Mexico, as a result prompting law enforcement officials to begin unlawfully profiling on I-25. This is particularly true in the matter of Colorado, where police force has been notably aiming at automobiles with Colorado license plates. Police forces must have proper cause to pull you over, otherwise known as ‘reasonable articulable suspicion’ that you have breached the law, instead pulling someone over solely because he or she “looks like they might be smoking pot,” or “has a Colorado license plate.”
I-25 Profiling in New Mexico Penalties
I-25 profiling in New Mexico takes place regularly. As opposed to other states, New Mexico still has some somewhat serious penalties for the possession, trafficking, sale, and delivery of marijuana, which can yield strict prison sentences and fines in a state or federal court. Many elements come in when determining the penalty for a marijuana or drug crime, like: what classifications of drugs did the accused have on his/her person at the time of the arrest (what “Schedule” the drug falls under); what the amount of the substance was; if this was the accused’s first conviction; whether minors were involved; etc.
If sentenced, one must deal with a permanent criminal record, the inability to apply for government assistance such as welfare or food stamps or to obtain student financial assistance. Not to mention the great hassle you may likely experience when securing a job or employment.
I-25 Profiling in New Mexico Defense
I-25 profiling in New Mexico is not that simple to prove. Creating a defense for profiling alone may be the improper tactic if drugs were located on your person. What is more pressing is the probability of being convicted of possession, transportation, distribution, or a compound sentence like possession with an intent to deliver due to profiling on I-25.
If you are caught trafficking, then a lawyer could prove a lack of intent on your part, denoting you did not have the “guilty mind,” or criminal intent, required to bring about the offense. Lack of intent can result in a dismissal of the charges. One angle, highly significant to interstate drug crime, is a Fourth Amendment violation, or the claim that police either carried out the search for marijuana without a warrant or probable cause, which would suppress evidence. Fifth Amendment rights may have also been manipulated by officers trespassing the defendant’s right to remain silent. But really, it depends upon how the court will charge you and what penalties you will face before your attorney can choose a winning tactic.
I-25 Profiling in New Mexico Defense Attorney
Are you or a family member dealing with a conviction for a drug crime because of I-25 profiling in New Mexico? Such crimes are not taken lightly by the state or federal investigators and prosecutors, and should not be brushed off by you either. Call a competent New Mexico drug lawyer who will be able to assist you with your drug related charges today.
