Drug trafficking is one of the most serious crimes within the crimes against public health, as it affects not only those who participate directly in it, but also society as a whole, due to the impact it has on health and public order. At Soler Martín Abogados, we have a team of lawyers specialized in the defense of drug trafficking cases, offering personalized and effective legal representation to protect the rights of our clients.
What is drug trafficking?
Drug trafficking encompasses a wide range of conduct related to the production, distribution and sale of narcotic substances prohibited by law. According to the Spanish Penal Code, this offense refers to the manufacture, distribution, trafficking and possession of drugs for the purpose of trafficking. It includes from the production of narcotics to their commercialization on the black market, as well as the transportation of these substances, both nationally and internationally.
This offense covers not only the direct sale of drugs, but also the possession of substances with the intent to distribute them. Even if the defendant has not been caught selling drugs, possession of a significant amount of illegal substances may be enough to be considered trafficking.
Differences between drug trafficking and personal use
One of the key issues in defending drug trafficking defendants is to distinguish between possession for personal use and possession for the purpose of distribution or sale. While personal drug use can carry administrative penalties such as fines or rehabilitation programs, drug trafficking is a criminal offense that carries much more serious penalties.
In cases where the defendant is found in possession of drugs, it is essential to demonstrate that the quantity and circumstances do not indicate trafficking, but are related to personal consumption. Factors such as the quantity of drugs, the variety of substances, the material for their distribution (scales, bags), and the existence of large sums of cash may influence the charge of trafficking rather than consumption.
Legal consequences of drug trafficking
Penalties for drug trafficking vary depending on the amount of drugs, the type of substance, and the aggravating circumstances that may exist. The Spanish Penal Code establishes prison sentences of 3 to 6 years for basic cases of drug trafficking, and fines that can reach three times the value of the seized substances. However, the penalties can be significantly increased in the following cases:
- Large-scale drug trafficking: If the quantity of drugs is high or if the criminal activity is international in scope, penalties can increase up to 9 years imprisonment.
- Belonging to criminal organizations: If the defendant is part of a criminal organization dedicated to drug trafficking, the penalties can be even more severe, including long prison sentences.
- Particularly dangerous drugs: Substances classified as serious health risks, such as cocaine, heroin or LSD, carry heavier penalties compared to drugs considered less dangerous, such as cannabis.
- Sale to minors: The sale of drugs to minors or near educational centers, or the use of minors in drug trafficking activities, is considered an aggravating circumstance that significantly increases penalties.
Defense in drug trafficking cases
At Soler Martín Abogados, we design personalized defense strategies for each drug trafficking case, analyzing in depth the facts and evidence presented by the prosecution. Some of the main lines of defense we employ include:
- Demonstrating lack of intent to traffic: One of the most effective strategies is to argue that drug possession is related to personal consumption and not to sale or distribution. This can be based on the quantity of drugs and the absence of additional evidence, such as scales or packaging for distribution.
- Questioning the chain of custody of evidence: In many cases, irregularities in obtaining evidence or in the chain of custody can be key to weakening the prosecution. We thoroughly review how evidence has been obtained and whether the fundamental rights of the accused have been respected.
- Lack of knowledge: In some cases, the defendant may argue that he had no knowledge of the existence of drugs, for example, if the substances were placed on his property or vehicle without his consent.
- Negotiation with the prosecution: In certain cases, agreements can be reached with the prosecution to reduce sentences or avoid imprisonment, especially if there is evidence of cooperation on the part of the defendant or if it is a first offense.
Why choose Soler Martín Abogados?
At Soler Martín Abogados, we understand the seriousness of a drug trafficking charge and the severe consequences it can entail both legally and personally. Our team of lawyers has vast experience in the defense of this type of crime, and we offer a strategic and personalized approach to each case.
We are committed to protecting our clients' rights at all times, from the investigation phase through trial, and always seek the best possible resolution. Our experience in this area allows us to identify weaknesses in the prosecution and explore all available legal options to obtain the best outcome.
Conclusion
Drug trafficking is one of the most serious crimes in criminal law and can have devastating consequences for the accused. If you are facing a drug trafficking charge, it is essential to have an expert legal team to provide you with a solid and effective defense. At Soler Martín Abogados, we are prepared to provide you with the legal advice you need and fight for your rights at every stage of the process. Contact us today for a personalized consultation.
