Have you been arrested for or charged with an alleged criminal offense in Albuquerque, New Mexico? Criminal charges can have serious consequences, ranging from substantial fines to prison sentences. That’s why you need the help of an experienced Albuquerque criminal defense lawyer.
At FBD Law, we handle all types of criminal defense cases, including:
- White-collar crime
- Violent crime
- Sex crimes
- Child pornography crime
- Terrorism/National Security
We have an excellent track record of winning cases and appeals. We have decades of experience behind us, and we consistently work to ensure that the rights of our clients are protected throughout the legal process.
We believe that the law is designed to protect individuals, which is why we always advocate for our clients and provide them with a strong defense. Call us at (505) 305-1263 if you need legal representation. Our skilled and experienced legal team can provide the help that you need.
Table of Contents
Your Rights as a Criminal Defendant in New Mexico
When someone is being investigated for a crime, has been arrested, or is officially charged with a crime in Albuquerque, New Mexico, they have rights that are specified in both the United States Constitution and the New Mexico Constitution. Defendants need to be aware of their rights under the law so that those rights can be upheld.
Fourth Amendment Rights
This amendment protects defendants against unreasonable search and seizures. Police officers do not have the right to search your person without justification. And generally, a search of your home requires a warrant. In addition, illegally obtained evidence cannot be used against a criminal defendant in a court of law.
Fifth Amendment Rights
This amendment protects defendants from self-incrimination. Under this amendment, defendants have the right to remain silent. A defendant cannot be forced to testify against himself in a criminal case or to speak with police and law enforcement officers. Furthermore, defendants must be informed of their Miranda rights during a custodial interrogation.
Sixth Amendment Rights
This amendment ensures that criminal defendants have the right to legal representation and a speedy trial, as well as the right to confront witnesses. Defendants also must be allowed to cross-examine any witnesses against them. Under this amendment, most defendants also have the right to be tried by a jury of their peers.
Eighth Amendment Rights
This amendment protects criminal defendants from cruel and unusual punishment. This means that a convicted defendant found guilty cannot be subjected to cruel and unusual punishment. Incarcerated prisoners still have basic human rights while serving their sentences. This amendment also states that bail cannot be excessive.
Fourteenth Amendment Rights
This amendment ensures due process for all criminal defendants. It states that all people are entitled to equal protection under the law. It also prevents the state from denying a person life, liberty, or property without due process.
FBD Law fights to ensure that the rights of our clients are protected throughout the legal process. The American Bar Association’s Model Code of Responsibility states that defendants are entitled to zealous representation. We strive to provide that for every client that we represent. We are fully aware of the rights our clients have under the law and will make sure that those rights are not infringed.
Felony vs Misdemeanor Charges
The criminal justice system divides crimes into different categories. A misdemeanor is a criminal offense that carries a potential jail sentence of less than one year. A felony is the most serious type of crime. A felony conviction can carry permanent consequences and can result in a lengthy prison sentence.
In New Mexico, misdemeanors are divided into two categories: petty misdemeanor and misdemeanor. Petty misdemeanors are the least serious crimes that can result in a jail sentence. Examples of a petty misdemeanor include:
- Simple battery
- Shoplifting items with a value under $250
- Disorderly conduct
Misdemeanors are considered to be more serious than petty misdemeanors. Examples of misdemeanors include:
- Battery against a household member
- Shoplifting items with a value between $250 and $500
- Criminal trespass
New Mexico classifies felonies into five categories. The most serious crimes are categorized as a Capital Felony, while the least serious felonies are classified as fourth-degree felonies. In some cases, a crime may be classified as one level of a felony for first-time offenders and a different level of a felony for repeat offenders. Felony crimes in New Mexico include:
- Involuntary manslaughter
- Voluntary manslaughter
- Aggravated assault
- Armed robbery
- Drug trafficking
- Sex trafficking
- Premeditated murder
- Felony murder
No matter what type of crime you have been charged with, you need a strong defense. Both misdemeanor and felony convictions can have lasting consequences. FBD Law uses our skills and resources to ensure that anyone accused of a crime receives the defense they are entitled to. Working with the right attorney can have a significant impact on the outcome of your case.
Should I Speak to the Police Without a Criminal Defense Lawyer?
Most of the time it is best not to talk to the police without consulting with a criminal defense attorney. Although this is the general rule, there are a few exceptions. Law enforcement officers are trained to seek admissions of guilt and confessions. Even if you are innocent, the police may try to use inconsistencies in your statements as evidence against you.
People are often afraid that they will look guilty if they refuse to speak to the police without an attorney present. It is important to remember that you have a constitutional right to an attorney. Law enforcement officers, prosecutors, and judges are all aware of these rights. Exercising your right to remain silent cannot be used against you in a criminal proceeding.
If an officer wants to question you about a crime, you should invoke your right to remain silent and request a lawyer. Your attorney will be able to serve as a buffer between you and law enforcement officers. If either you or a family member is being questioned by police, it’s crucial to enlist the services of an Albuquerque criminal defense lawyer as soon as possible.
Once you formally retain a criminal defense attorney, your lawyer may contact law enforcement directly. An attorney may arrange for their client to speak with law enforcement while they are present or relay information from a client to the investigators.
While you may think that there is no harm in speaking with law enforcement if you are innocent, that is not necessarily the case. Talking to the police without a lawyer poses significant risks. Contact FBD Law as soon as possible so that you’ll have legal representation throughout the investigative process. Family members can also call FBD Law to hire an attorney for a family member facing criminal charges.
New Mexico’s Habitual Offender Law
The habitual offender laws in New Mexico provide for mandatory enhancements if a person who had previously been convicted of a felony is later convicted of another felony. These enhancements can result in lengthy mandatory prison sentences.
Whether a person is a repeat offender or facing criminal charges for the first time, they deserve the best possible defense. Working with an experienced Albuquerque criminal defense lawyer can help defendants to avoid harsh penalties that could impact them for the rest of their lives.
How Can FBD Law Help?
FBD Law was founded over 40 years ago. Over the years, we have successfully represented many clients facing criminal charges. Our team has a strong knowledge of criminal defense and has taken on many high-profile cases, representing clients like Chelsea Manning and Dr. Wen Ho Lee.
We have experience with all types of criminal cases and have a record of winning both trial cases and appeals. We utilize many defense methods to protect our clients and work to build the strongest possible defense. We give every case our all and work to protect the rights of defendants throughout the process.
Our attorneys can act as skilled negotiators on a client’s behalf. Whether the goal is to have charges dismissed or negotiate a plea deal, our legal team will work to achieve the best possible outcome. Case negotiation and plea bargaining are an essential part of criminal defense. When you work with FBD Law, you’ll have skilled and careful negotiators working for you.
In addition to our practice in Albuquerque and throughout New Mexico, we have an active national and international criminal practice, allowing us to consult with top attorneys across the globe. Our attorneys have extensive experience in both state and federal courts and have been working with criminal defendants in Albuquerque, throughout New Mexico, other state and federal courts, and internationally for decades.
FBD Law will thoroughly investigate the facts and circumstances of your case to build a robust defense. We will work to suppress any evidence that was improperly obtained, search for procedural errors, and challenge evidence, including witness testimony when appropriate. We will provide guidance to clients throughout the legal process and ensure that their rights are always protected.
Call An Albuquerque Criminal Defense Lawyer With FBD Law Today
Criminal charges can result in serious consequences, which is why any criminal defendant needs the representation of a skilled criminal defense lawyer. At FBD Law, we believe that every defendant is entitled to the best possible representation. We give our all to every case we take on and are excellent at what we do.
We have obtained not guilty verdicts, dismissal, and favorable pleas for many of our clients. Because our legal team has extensive experience with many types of criminal cases, we can provide an excellent defense to every client that we work with. Whether a client is facing misdemeanor or felony charges, our firm can provide legal representation.
If you’ve been arrested or charged with a criminal offense in Albuquerque, NM, you need the support of an experienced criminal defense attorney. Contact FBD Law at (505) 305-1263 to schedule a consultation or request the services of an attorney. We work to achieve the best possible outcome for clients, which is why you can trust us with your case.