Criminal Law & Procedure
The criminal law in your case will determine every aspect of your criminal case.The criminal law will dictate the charges against you, the defense against the charges, the possible consequences of conviction, possible plea opportunities, and many other aspects of your defense.
Many believe that the criminal law is basically the law defining the criminal offense.Though this is critically important due to the definition of consequences, the more important part of the law for the defense is the law of criminal procedure.
The fact is once you are facing criminal charges, you must deal with the hand you are dealt.Criminal procedure is the way that you are able to do this.Criminal procedure is basically the rules that the prosecutor must follow in prosecuting a case.These rules derive largely from the Constitutional Protections set forth in the Bill of Rights.These procedural protections protect citizens at every step of a criminal case from the earliest time in the investigation to the sentencing of those convicted.
These rules provide the greatest protections for citizens while also providing the greatest opportunities for the defense of the charges. You will find that your attorney is more focused on these rules as the case proceeds than the charges against you.This may be frustrating at times, particularly if you feel you are wrongfully accused.However, the rules of criminal procedure are there to protect you, and most of all, to protect you against wrongful charges and conviction.
- Due Process – 5th and 14th Amendments
- Speedy Trial Rights – 6th Amendment
- Illegal Search & Seizure – 4th Amendment
- Right to Fair Bail - 8th Amendment
- Confrontation of State's Witnesses - 6th Amendment
- Miranda Rights
- Double Jeopardy - 5th Amendment
- Right to Counsel - 6th Amendment
- The Difference between the 5th and 6th Amendment Right to Counsel
- Failure to Timely Appeal Probation Violations May Be Excused on Grounds of Ineffective Assistance Counsel During the course of a legal case, whether criminal or civil, the law imposes certain deadlines. Generally, if those deadlines are not met the party ....
- Legality of Under-Clothing Search Incident To Arrest Dependent on Circumstances The 2011 New Mexico Supreme Court decision in State v. Williams addressed the legality of an under-clothing search incident to arrest. The Court found ....
- Warrantless Searches Reasonable Under the Plain View Doctrine The Fourth Amendment of the U.S. Constitution and Article II, Section 10 of the New Mexico State Constitution protect us against unreasonable searches ....