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Bufete de abogados penalistas Alonso Sala
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Crimes Against Public Health (Drug Trafficking)

Technical defense in maximum complexity proceedings. When freedom depends on procedural detail.

Technical Defense in Drug Trafficking: Beyond the Substance

Drug trafficking crime (Art. 368 CP) is one of criminal law's most complex terrains. As criminal lawyers specialized in public health crimes and drug trafficking, we know it's not enough to be a good lawyer; one must be a procedural expert. A flawed police investigation can annul the seizure of tons of narcotics if technical defense is adequate.

Our strategy focuses on the "Fruit of the Poisonous Tree Doctrine": if the court order authorizing wiretapping or searching your home lacked sufficient motivation, all derived evidence (drugs, money, ledgers) is void. We don't just defend the crime; we defend your constitutional guarantees against State action.

Specialized Defense Strategies

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Wiretap Nullity

Police cannot wiretap "just in case". We microscopically analyze enabling orders. If we detect lack of prior evidence or disproportion, we request total nullity of recorded conversations.

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Purity Discussion

Quantity is measured in "pure drug", not total mix. A kilo at 10% is 100gr real. This distinction is vital to avoid "Notorious Importance" and reduce sentences from 9 years to 3 years.

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Self-Use & Clubs

For smaller amounts or crops, we defend self-use or shared consumption purpose. We prove addict status or closed club structure to exclude trafficking crime.

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Home Inviolability

If police entered your home without valid warrant and without strict flagrancy, entry is illegal. Everything found (drugs, money) is "fruit of the poisonous tree" and cannot be used to convict you.

KEY AGGRAVATOR"Notorious Importance"

The Supreme Court sets limits. If exceeded, the sentence skyrockets (e.g., Cocaine goes from 3-6 years to 6-9 years). Our fight is discussing purity to drop below these thresholds.

Cocaine

> 750 grams of pure substance.

Hashish

> 2.5 kilograms.

Marijuana

> 10 kilograms.

Trafficking Typologies

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General Trafficking (Art. 368)

Defense in basic type: cultivation, production, or trafficking. Technical differentiation between substances causing serious harm and those that do not.

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Criminal Organization

Defense in macro-cases with multiple accused. Challenging the hierarchical structure and the crime of membership.

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International Trafficking

Import/Export, containers, and National Court jurisdiction. Transnational criminal law.

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Cannabis Clubs

Legal defense of associations and clubs. Limits of shared consumption and Supreme Court doctrine.

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Why Alonso & Sala in Drug Crimes?

Because we understand that drugs are not the only enemy; sometimes it's a shortcut police investigation. Macro-cases or 10,000-page summaries don't scare us. We have the technical and human capacity to analyze every piece of evidence.

  • checkLegal Engineering to annul illicit evidence.
  • checkReal experience in large-scale operations.
  • checkNetwork of chemical and toxicology experts.
  • checkTotal discretion and prison assistance.
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FAQs

What amount differentiates consumption from trafficking?expand_more
No written law, but Supreme Court uses Toxicology Institute table for 5-day supply. Exceeding is trafficking presumption: Cocaine (>7.5g), Heroin (>3g), Hashish (>100g), Marijuana (>100g).
What is 'Notorious Importance'?expand_more
Aggravator skyrocketing penalty (6-9 years for hard drugs). Applies to large amounts: Cocaine (>750g), Hashish (>2.5kg), Marijuana (>10kg). Automatic if weight applies.
Is wiretapping legal?expand_more
Only with motivated and proportional court order. Generic suspicions ('fishing expedition') are invalid. If the order is baseless, we request nullity of all wiretaps and derived evidence.
What if drugs are found in my car?expand_more
Car is private space but not constitutional 'domicile'. Police can search on suspicion. Key is proving ownership: yours, passenger's, or unknown.
Does addiction help?expand_more
Yes. Serious addiction affecting will is a mitigating factor. If sentence <5 years and crime was due to addiction, prison can be suspended with rehab treatment.
What is an Undercover Agent?expand_more
Police infiltrating with fake ID under court order. Limit: cannot 'provoke' crime (entrapment), only investigate. If they provoke the purchase, evidence is void.
Can I be convicted on wiretaps alone?expand_more
No. Wiretaps must be corroborated by other evidence (surveillance, seizures, unjustified assets). Ambiguous talk without physical drugs is hard to sustain as sole evidence.
What about cash seized at home?expand_more
Presumed from crime if legal origin (salary, sales) isn't proven. Confiscated. Defense must provide documentary proof of licit origin.
Penalty for Cocaine vs Hashish?expand_more
Cocaine (Serious Harm): 3-6 years prison. Hashish/Weed (No Serious Harm): 1-3 years. Penalties rise drastically with aggravators (notorious importance, organization).
What is 'shared consumption' doctrine?expand_more
Allows a group of addicts to buy together for immediate consumption in closed place. Not a crime. Strict requirements: habitual users, immediate use, closed place, no diffusion risk.
Can they search my house without warrant?expand_more
Only in 'flagrant delict' (seen running inside with drugs). Otherwise, need court order or consent. If they enter without order to 'look', findings are void.
Pre-trial detention for trafficking?expand_more
Common in hard drugs or large amounts due to 'flight risk' (high penalties) or 'criminal reiteration'. Defense must fight for bail proving community ties.
What if stopped with drugs?expand_more
Never admit it's for sale. If small amount, say for self-use. If large, silence is best. Any spontaneous statement ('it's for a friend') will hurt you.
How is purity proven?expand_more
Via Toxicology Institute analysis. Vital: if purity is tiny (<5%), we can argue no health risk (lack of active principle) and ask for acquittal.
What is 'police entrapment'?expand_more
Police inciting a crime that wouldn't happen. E.g., insisting 20 times for you to find drugs. That's illegal and nullifies trial. Different if you already sold and they just buy.
Do records affect?expand_more
Yes, recidivism (records for same drug crime) notably aggravates penalty, potentially raising the degree and making prison suspension impossible.
What is drug money laundering?expand_more
Hiding drug money. Punished separately, up to 6 years and triple value fine. Often tried together in the same macro-case.
How does asset forfeiture work?expand_more
State confiscates everything acquired with drug trafficking profits (cars, houses, jewelry). Burden of proof: Prosecution must demonstrate those assets are of illicit origin. We defend the legal origin of your assets.

Need Immediate and Expert Legal Assistance?

The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.

Contact Alonso Sala

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