Albuquerque Criminal Lawyer Blog

Courts Continue Assault on the Rights Against Unlawful Search & Seizure

The 10th Circuit Court issued another remarkable ruling that continues the assault on the rights of individuals to be free of unlawful search and seizure. In U.S. v. Roach (10th Cir. 2009), the court ruled that although a warrant lacked probable cause, the evidence seized during the unlawful search is admissible so long as the…

Felony Pre Prosecution Probation Programs in New Mexico

Many of the Courts and Prosecutors around New Mexico, including Albuquerque and Rio Rancho have Pre Prosecution programs for certain felony offenders. These programs are restricted to first time non-violent, non-drug trafficking offenders. If you are charged with a non-violent, non-trafficking felony offense, and you have no prior criminal history, you may be eligible for…

Domestic Violence Immigration Consequences

Domestic Violence in Albuquerque is taken very seriously. The District Attorneys in Albuquerque, and many others throughout New Mexico have a very strict policy against dismissing domestic violence cases no matter how weak the evidence. In fact, they rarely dismiss a domestic violence case even when it is perfectly clear that there was no act…

The Right to Privacy In Your Car in New Mexico: More from State v. Ochoa

The New Mexico Supreme Court in State v. Ochoa clarified the rights of privacy in a car. The New Mexico constitution allows for New Mexico courts to expand on the rights against unlawful search & seizure afforded under federal law. Under federal law, there is a lower expectation of privacy once a person enters into…

Evidence Seized Under the Pretext of a Traffic Stop is Inadmissible

It is unlawful in New Mexico for a police officer to stop you under the pretext of a traffic violation for the purposes of investigating another unrelated crime. The law of New Mexico goes further in protecting its citizens against unlawful search and seizure under these circumstances than federal law under the U.S. Supreme Court…

The Right of Self-Defense in New Mexico

In New Mexico, a person has a right to defend himself and his home against harm. The long cherished rights of self-defense are clearly established in New Mexico under the State‘s Uniform Jury Instructions. New Mexico General Jury Instruction on Self-Defense UJI 14-5190 states that “A person who is threatened with an attack need not…

Domestic Violence Calls in New Mexico: Someone is Going to Jail

Domestic Violence can be very serious, and often it requires immediate law enforcement intervention to protect the parties. The police, the courts and prosecutors take it very seriously as well. Often, however, the person making the call does not realize how seriously it is taken. It happens all the time. During the heat of an…

Quietly, New Policy Evolves on Medical Marijuana

In the past, the federal government did not recognize medical marijuana laws in the 13 states that now have such laws. The result was that the federal government would prosecute aggressively those folks engaged in medical marijuana distribution despite the fact that their state allowed it. Attorney General, Eric Holder, quietly has announced that the…

DWI/DUI Hotspots: Police to Use Mapping to Establish DWI/DUI Checkpoints

The DWI Resource Center has utilized six years of crash data to map DWI/DUI hotspots around Albuquerque. The mapping technology identifies frequency, locations, time periods, dates, days of the week, and even holidays to determine the highest DWI/DUI risks for any particular day. Law enforcement representatives are very excited about the potential for the technology…

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