Albuquerque Criminal Lawyer Blog

Your Home is Safe from Unlawful Search & Seizure in New Mexico

The 10th Circuit Court of Appeals reinforces the long held and cherished 4th Amendment right against unlawful search and seizure in the unlawful intrusion by police into an Albuquerque home. In Manzanares v. Higdon, Albuquerque Police officers came to the home of the Defendant Manzanares for the purpose of investigating Manzanares‘ co-worker in a rape…

International Drug Policy Reform Conference To Be Held in Albuquerque

The International Drug Policy Reform Conference will be held in Albuquerque, New Mexico on November 12-14. The conference was held in Albuquerque in 2001. It returns because the presumably New Mexico is a “beacon of reform” because of its innovative Good Samaritan laws passed to prevent fatal overdose, and its medical marijuana initiatives. There will…

New Mexico Municipalities Have No Authority Over DWI/DUI on Private Property

The New Mexico Supreme Court ruled in City of Las Cruces v. Rogers that the City of Las Cruces has no authority to regulate DWI/DUI on private property under the City‘s DWI/DUI Code. In order to so regulate drinking and driving on private property, the City would have to gain written consent from the property…

Albuquerque and New Mexico Slow to Adopt Trend Toward Decriminalization of Marijuana

There is a small but growing trend toward the decriminalization of marijuana. Albuquerque and New Mexico, despite taking a lead on medical marijuana, lag behind the trend toward decriminalization. Governor Arnold Schwarzenegger has indicated that legalization needs to be studied closely. Massachusetts voters approved a referendum decriminalizing marijuana. Denver has passed a law making adult…

Marijuana Use Accepted – Possession of Marijuana is Still Aggressively Prosecuted

Marijuana use in New Mexico and throughout the United States seems be generally accepted. Stories have appeared this month alone on the Today Show, Marie Claire magazine, Variety, and even Forbes depicting marijuana use in relatively favorable light. Forbes described the medical marijuana trend as a step toward the end of prohibition. Many of our…

The Right to Confrontation of Domestic Violence Witnesses in New Mexico

A criminal defendant has a right to confront and cross examine the State‘s witnesses under the 6th Amendment. This is the chief weapon for domestic violence defendants in Albuquerque and throughout New Mexico. The refusal of the alleged victim to testify is the basis for the great majority of the dismissal of these types of…

DWI/DUI: The True Standard in New Mexico is Impaired to the Slightest Degree

Many clients are very surprised when they are charged with DWI/DUI when their blood alcohol level is below the legal standard of .08. In fact, the police regularly arrest these drivers and the District Attorneys, particularly in Albuquerque, routinely prosecutes these “below the limits” cases. The District Attorney in Albuquerque brings DWI/DUI cases for drivers…

Conditions of Release on Domestic Violence Charges in Albuquerque

On every criminal charge filed in Albuquerque or anywhere else in New Mexico for that matter, an Order Setting Conditions of Release will be issued. The Order is pretty standard for the most part. The Order will prohibit the possession or consumption of alcohol or illegal drugs, the violation of any laws while out on…

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