Are you facing criminal charges following an arrest in the Roswell, New Mexico area? There can be no doubt that criminal allegations may have severe consequences, from costly financial fines as well as periods of incarceration. For these reasons and more, it is crucial that you align with a seasoned criminal defense lawyer near Roswell as soon as possible.
The professionals at FBD Law are proud to handle a full range of criminal defense matters, including violent crime, fraud, sex crime, child pornography crime, white-collar crime, bribery, espionage, terrorism/national security, and more.
Our attorneys possess an impressive record of success at both the trial and appellate levels. With decades of combined experience, we are committed to ensuring that our clients’ rights are not only protected but also vigorously asserted. We leave no stone unturned when it comes to crafting a defense for those we serve. Contact us today if you are interested in learning more about the assistance we stand prepared to provide.
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Defendants’ Rights in New Mexico Criminal Cases
Anyone who is being investigated for a crime, has been arrested, or is officially charged with a crime in Roswell has rights that are specified in both the United States Constitution and the New Mexico Constitution. It is crucial for defendants to understand the rights they possess in order to ensure that they are not violated by law enforcement or the state during the investigation and prosecution process.
Rights Under the Fourth Amendment
The Fourth Amendment to the U.S. Constitution provides a safeguard against unreasonable searches and seizures. Law enforcement officers may not conduct a search of an individual’s person without justification. And generally, a search of your home requires a warrant. Furthermore, illegally obtained evidence cannot be used against a criminal defendant in a court of law.
Rights Under the Fifth Amendment
The Constitution’s Fifth Amendment safeguards defendants against self-incrimination. According to the amendment, defendants have the right to remain silent under questioning by law enforcement. Defendants cannot be compelled to testify against themselves in a criminal case or to speak with the police. Defendants must also be read their Miranda rights prior to any interrogation while in custody.
Rights Under the Sixth Amendment
According to the Sixth Amendment, defendants in criminal cases are entitled to the assistance of legal counsel, to a speedy trial, and to confront all witnesses brought against them. Defendants must be allowed to cross-examine any witnesses against them. Furthermore, most defendants are afforded the right to a jury trial by their peers.
Rights Under the Eighth Amendment
The Eighth Amendment protects convicted defendants against cruel and unusual punishment. Those who are imprisoned retain fundamental human rights for the duration of the sentences. According to this amendment, bail cannot be excessive.
Rights Under the Fourteenth Amendment
The Fourteenth Amendment states that all criminal defendants are entitled to due process and equal protection under the law. By virtue of this provision, states may not deprive a person of life, liberty, or property without due process.
The attorneys at FBD Law are dedicated to ensuring that clients’ rights are safeguarded at every phase of the legal process. As provided by the Model Code of Professional Responsibility, all defendants deserve zealous legal representation, and that is precisely what we pledge to provide each individual we serve. We pride ourselves on a thorough understanding of the rights afforded to criminal defendants in New Mexico, and we will fight to protect them.
Difference Between Felonies and Misdemeanors
New Mexico divides criminal offenses into different classifications. Misdemeanors are those crimes that carry a potential penalty of less than one year in jail. Felonies, however, are far more serious offenses, and they may result in lengthy incarceration.
In this state, misdemeanor offenses are broken down into yet another set of categories, petty misdemeanors, and misdemeanors. Petty misdemeanors are the least serious offenses that can lead to a jail sentence upon conviction. Examples of petty misdemeanors include things like shoplifting items worth less than $250, simple battery, graffiti, and disorderly conduct.
Misdemeanors are more serious compared to petty misdemeanors. Included in this category are things such as battery of a household member, criminal trespass, and shoplifting goods valued at between $250 and $500.
Felonies in New Mexico are divided into five distinct categories. Capital felonies are the most serious offenses, and the least serious offenses in the felony classification are known as fourth-degree felonies. There are instances in which a particular offense could be categorized at a particular level for a first-time offender, but at a different, enhanced level for a repeat offender.
Felony offenses in New Mexico include things such as voluntary and involuntary manslaughter, armed robbery, aggravated assault, kidnapping, drug trafficking, murder, and more.
Regardless of the charges you are facing, a strong legal defense is essential. Felonies and misdemeanors alike have the potential to bring about long-term consequences to those convicted of them. Our team puts a range of resources and advocacy skills to work on behalf of the defendants we serve, and when it comes to beginning the process of crafting a legal defense, there really is no time to lose.
Is It Wise to Talk to Law Enforcement Without an Attorney?
Speaking to the police without the benefit of legal counsel is never a wise idea, and this is true even if no arrest has been made or no charges have been filed. The reason is that officials in the law enforcement field are trained to go after confessions as part of their job. The truth is that even if you are utterly innocent, inconsistent statements during questioning could be used as evidence against you.
People may worry that declining to speak with law enforcement without an attorney present will give the impression of guilt. However, the bottom line is that everyone has the right to seek the assistance of counsel, and law enforcement officials, judges, and prosecutors all know this. Exercising your right to remain silent cannot be used against you in a criminal proceeding.
Anytime you are asked to submit to questioning by law enforcement, it is best to assert your right to silence and seek the advice of counsel. An attorney will work as a buffer with law enforcement and ensure you are being treated within the bounds of the constitution. Should you or a loved one find yourself being asked questions by police, get in touch with a criminal defense attorney promptly.
After you have retained legal representation, your attorney may contact law enforcement directly. A lawyer may make arrangements for their client to speak with the police while they are present, or convey information provided by the client directly to the investigators.
You might be under the assumption that there is no risk in talking to the police if you haven’t done anything wrong, but this is not necessarily true. Speaking to police without the aid of an attorney can pose significant risks. Contact FBD Law right away if you are asked to talk to the police, and that way you will have proper representation at every step of the way. It is also common for family members to contact the firm to seek legal assistance for a loved one who is faced with a criminal charge.
Habitual Offender Laws in New Mexico
New Mexico has habitual offender laws that 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 you have been charged with a first offense or are a repeated offender, it wise to enlist the help of a skilled criminal defense lawyer serving Roswell. When you work with FBD Law, we will do everything in our power to ensure you avoid stiff penalties that could impact you for the rest of your life.
What FBD Law Can Do To Help
Founded more than four decades ago, FBD Law has a history of representing numerous clients charged with serious offenses, including some especially high-profile defendants. Our attorneys possess experience defending criminal cases of all descriptions, both at the trial and at the appellate level. Our commitment to protecting the constitutional rights of our clients is a hallmark of the service we provide.
Whether a client wishes to pursue a full acquittal or to negotiate a favorable plea agreement, our lawyers will work tirelessly to achieve their objectives. Because negotiation skills are a critical part of criminal defense work, we stand ready and willing to serve as strong advocates on our clients’ behalf each and every time.
We practice actively throughout New Mexico, but we also maintain a vigorous national and international criminal practice. This affords us the ability to work collaboratively with attorneys all over the world. We possess vast experience have been helping defendants in Roswell, throughout New Mexico, other state and federal courts, and internationally for decades.
The lawyers of FBD Law will take the time necessary to fully understand the facts of each case and construct the most persuasive legal arguments on your behalf. We strive to suppress any evidence that was improperly obtained and search for procedural mistakes made by law enforcement. Our team will challenge the prosecution’s arguments and evidence, including witnesses when appropriate.
Review Your Criminal Defense Options With a Lawyer at FBD Law
The consequences that flow from a criminal conviction can be severe and long-lasting. As such, all criminal defendants need and deserve the help of a defense attorney serving clients in Roswell who is ready to advocate for their rights. Our legal team has successfully achieved not guilty verdicts, dismissals, and beneficial plea agreements for many clients over our many years of service. No matter if the charge at issue is a felony or a misdemeanor, we are ready to fight for every client we represent.
If you have been arrested or are facing criminal charges in the Roswell, New Mexico area, now is the time to secure the help of a knowledgeable criminal defense lawyer. Contact the attorneys of FBD Law to arrange for an initial consultation or to seek immediate legal counsel.