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Jailhouse Strip-Searches For Minor Offenses – Let the Abuses Commence!

April 30, 2012, by Collins & Collins, P.C.

The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures without a warrant supported by probable cause. However, the U.S. Supreme Court recently held in Florence v. Board of Chosen Freeholders of County of Burlington that routine comprehensive strip-searches before any arrestee is admitted into the general prison population were constitutional […]

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Speedy Trial Requirement & Six Month Rule on Misdemeanor Cases: Exceptional Circumstances Required for Deviations

February 23, 2012, by Collins & Collins, P.C.

The recent New Mexico Court of Appeals decision in State v. William Sharp clarified the 2008 amendments to Rule 6-506 NMRA, also known as “the six-month rule,” and the standard for its review by a district court. The “six month rule” is a shorthand term which generally refers to a criminal defendant‘s right to a […]

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New Mexico Court of Appeals Rules One Year Statute of Limitations Applies to First Time DWI

July 29, 2011, by Collins & Collins, P.C.

The recent New Mexico Court of Appeals case of State v. Trevizo addressed the statute of limitations on first time DWI and reckless driving in New Mexico. The court concluded both first time DWI and reckless driving are petty misdemeanors under New Mexico law and therefore subject to a one year statute of limitations. The […]

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Mistaken Belief in Laws Will Not Justify a Traffic Stop in New Mexico

June 21, 2011, by Collins & Collins, P.C.

The recent case of State v. Almeida illustrates the gravity of an illegal search and seizure in New Mexico. The case did not involve any deliberate wrongdoing by the officer. Rather, the case involved a stop of a vehicle based upon the officer‘s mistaken understanding of the traffic code. The defendant, Rafael Almeida, had a […]

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Conditional Discharge Does Not Clean the Slate in New Mexico

February 8, 2011, by Collins & Collins, P.C.

In the case of criminal charges in New Mexico, a conditional discharge is often a very positive outcome. A conditional discharge will result in the eventual dismissal of the charges. A conditional discharge allows for the disposition of the criminal charges without an adjudication of guilt. This means that the defendant is never found guilty […]

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Juvenile Criminal Probation in New Mexico

November 19, 2010, by Collins & Collins, P.C.

The great majority of juvenile criminal cases, whether misdemeanor or felony, do not go to trial but end with a plea bargain. As part of the plea bargain the delinquent child is usually put on probation. As soon as the plea agreement is signed the judge orders the delinquent child to meet with an intake […]

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Double Jeopardy Issue Addressed in New Mexico Habitual Sentencing Case

November 2, 2010, by Collins & Collins, P.C.

The New Mexico Habitual Offender statute is a tool available to the prosecution and the courts to enhance the sentence of a felony defendant who has a prior felony conviction within ten years of the date of the newly alleged crime. If the defendant is deemed a Habitual Offender, the statute increases the defendant‘s prison […]

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More on Misdemeanor Arrest Rule in New Mexico DWI Cases

August 14, 2010, by Collins & Collins, P.C.

The New Mexico Court of Appeals addressed the misdemeanor arrest rule in the context of a DWI arrest in State v. Reger. The misdemeanor arrest rule requires that the misdemeanor actually occur in the presence of the officer with the arrest based upon the officer‘s own observations. The rule is meant to protect individuals from […]

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