Albuquerque Criminal Lawyer Blog

Warrant to Search Everyone on Premises Generally Invalid in New Mexico

The New Mexico Court of Appeals case State v. Light presents an important criminal law issue concerning illegal search and seizure. The Court had to determine whether the district court erred when it determined that a warrant was “impermissibly broad” in allowing police officers to search “all persons” who were located on specific premises. In…

Loss or Destruction of Evidence – 3 Prong Test for Dismissal of Criminal Charges

The New Mexico Court of Appeals case of State v. Redd involves an important criminal law issue concerning the loss or destruction of evidence and a district court‘s abuse of discretion. In this case, the Court had to determine whether certain requirements to dismiss the defendant‘s case had been met as a result of the…

Proof Requirements on Criminal Damage to Property Charges

The New Mexico Supreme Court case of State v. Cobrera deals with an important aspect of criminal law. The case concerns the evidence needed in a case involving the criminal damage to property. In short, the Court had to determine whether the prosecution has to present evidence of the age and condition of a property…

The Withdrawal Defense, Statutes of Limitations and Burdens of Proof in Conspiracy Cases

Conspiracy charges are very common in New Mexico. The word conspiracy sounds may suggest something very serious, sinister and complex but in actuality it is a fairly simple charge to derive in criminal cases involving multiple defendants. The Mexico Jury instruction is pretty straightforward and from it, it is easy to see why conspiracy charges…

The Issue of Warrantless Non-Consensual Blood Draws in DWI Cases

In the case of Missouri v. McNeely , the United States Supreme Court recently addressed the legality of a warrantless, non-consensual blood draw in a DWI investigation. More specifically, the Court addressed whether there could be a per se blanket rule exception to the 4th Amendment under the exigent circumstances exception in DWI investigations. The…

New Mexico Domestic Violence Laws

In New Mexico there are several laws that protect victims from domestic violence crimes. These laws set forth specific penalties for certain violent behaviors. Generally, under New Mexico law a crime may be considered a domestic violence crime if it includes a pattern of controlling behavior directed at an intimate partner or that person‘s property,…

First Steps in a Divorce Involving Domestic Violence

Victims of domestic violence often do not know where to turn. There is often a sense of isolation and desperation. Perhaps more than this is a fear of the unknown and the related fear of whether there is anything out there that can help. The divorce process can be quite daunting. Couple this with domestic…

Proof of Reliability of Narcotics Sniffing Dogs in Traffic-Stop Searches

The U.S. Supreme Court recently heard Florida v. Harris, a Florida case concerning the use of police dogs in traffic-stop searches. The case addresses indicia of reliability and hence legality of narcotics sniffing dogs under 4th Amendment search and seizure. Essentially, the case is about whether a drug-detection dog must have proven reliability in the…

Dropping the Petition for Order of Protection from Domestic Abuse

It is not uncommon that a spouse immediately regrets the filing of a Petition for Order of Protection from Domestic Abuse. For those not familiar with the term, it is basically a Temporary Restraining Order filed in a domestic relations setting. These are often filed for very good reasons and are needed to protect one…

Breath & Blood Alcohol Testing Under the New Mexico Implied Consent Act

Under the Implied Consent Act (ICA), every person driving a vehicle within the state of New Mexico is deemed to have given his or her consent to a breath alcohol test and/or blood alcohol test if suspected of DWI. Under the ICA, every time an individual gets behind the wheel of a car in New…

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