If you have are facing criminal charges in Taos, New Mexico, you should know how serious the consequences can be. You may be looking at been fines or a prison sentence if found guilty. Defending yourself from a criminal case in New Mexico is quite complex and requires the assistance of qualified and experienced criminal defense lawyers.
Our team of criminal defense attorneys has a good track record of winning cases for our clients. We will see that your rights are protected in handling your case because we have decades of experience. The law is designed to protect the individual until he or she is proven guilty. That’s why our lawyers stand behind their clients and provide them with the strongest possible defense. Our qualified and experienced legal team can help protect your rights no matter what your situation is. Call FBD Law’s criminal defense firm today at (505) 305-1263 to get the representation you deserve.
Table of Contents
Your Rights as a Criminal Defendant in New Mexico
When you or someone in your family is being investigated for a crime, has been arrested, and or is officially charged with a crime in Taos, New Mexico, you or your family member has rights that are specified in both the United States Constitution and the New Mexico Constitution. You should be aware of these rights so that your rights could be upheld at all times.
Fourth Amendment Rights
The Fourth Amendment protects defendants against unreasonable search and seizure. Law enforcement officials cannot search your person without justification. And generally, a search of your home requires a warrant. Any illegally obtained evidence cannot be used against a criminal defendant in a court of law.
Fifth Amendment Rights
The Fifth Amendment protects defendants from self-incrimination. A defendant cannot be coerced to testify against himself/herself in a criminal case or to speak with law enforcement. The defendant has the right to remain silent. During a custodial interrogation, the defendant needs to be informed of his/her Miranda rights.
Sixth Amendment Rights
The Sixth Amendment ensures a defendant has the right to legal representation as well as a speedy trial. Defendants must be allowed to cross-examine any witnesses against them. Additionally, most defendants also have the right to be tried by a jury of their peers.
Eighth Amendment Rights
The Eighth Amendment states that a convicted defendant cannot be subjected to cruel and unusual punishment. An incarcerated prisoner has basic human rights while serving a sentence. Under this amendment, bail cannot be excessive.
Fourteenth Amendment Rights
The Fourteenth Amendment ensures due process for all defendants. All individuals have the right to equal protection under the law. The state cannot deny individuals liberty, life, or property without due process.
The team of experienced lawyers at FBD Law will always fight for the rights of our clients during the legal process. The Model Code of Responsibility of the American Bar Association states that a defendant is entitled to zealous representation at all times. Our lawyers will see that every client gets what is required by the law. Our team is fully aware of the rights of our clients and will ensure to protect those rights at all times.
Felony Vs Misdemeanor Charges
Crimes are divided into categories by the criminal justice system. A misdemeanor is a criminal offense that carries a potential jail sentence of less than one year, while a felony is a more serious type of crime. If an individual is convicted of a felony, that person may face permanent consequences and may receive a lengthy prison sentence.
Misdemeanors are divided into two categories in New Mexico: petty misdemeanors and misdemeanors. A petty misdemeanor is the least serious crime that can result in a jail sentence. Some offenses classified as petty misdemeanors include:
- Disorderly conduct
- Shoplifting goods worth under $250
- Simple battery
A misdemeanor is more serious than a petty misdemeanor. Some of these crimes include:
- Battery against a household member
- Criminal trespass
- Shoplifting items with a value between $250 and $500
Felonies are divided into five categories in New Mexico. A capital felony is the most serious crime. Fourth-degree felonies are the least serious. There are some cases where the same crime is categorized under one level of a felony for the first-time offender and a different level for a repeated offender. Some of the felonies in New Mexico include:
- Armed robbery
- Involuntary manslaughter
- Drug trafficking
- Aggravated assault
- Voluntary manslaughter
- Sex trafficking
- Felony murder
- Premeditated murder
You require a strong defense when you are charged with any type of crime in New Mexico. Misdemeanors and felonies can have negative consequences on the life of the individual. At FBD Law, our skilled and experienced lawyers will make sure you receive the defense that you are entitled to. Choosing the right lawyer can greatly influence the outcome of your case.
Should I Speak To The Police Without A Criminal Defense Lawyer?
No, you shouldn’t speak to the police without a qualified criminal defense lawyer, even if you haven’t been arrested or charged with a crime. Police officers are trained to look for evidence of guilt and seek confessions. If your statement has inconsistencies, and the police may use the statement as evidence against you in courts.
Most people think that they would look guilty in case they refuse to speak with a police officer without the presence of a qualified attorney. You should always remember that you have a constitutional right to a lawyer. The police, prosecutors, and judges are already aware of these rights. Exercising your right to remain silent cannot be used against you in a criminal proceeding.
When a police officer wants to question you about a crime, you have the right to remain silent and request the presence of a lawyer. The lawyer will serve as a buffer between you and law enforcement. When you or someone in your family is charged with a crime, you should immediately seek the services of a qualified and experienced criminal defense lawyer who serves Taos at FBD Law.
Once you hire the right attorney to represent your case, the lawyer may directly contact the police. The lawyer may arrange for you to speak with the police in his/her presence or relay the information you provide to the investigators.
Although many people think there is no harm in speaking to the police because they are innocent, it is not necessarily the case. Speaking to law enforcement without the presence of a qualified lawyer can pose significant risks. FBD Law can provide the necessary legal representation throughout your case. You may also call us and hire a qualified lawyer on behalf of any family member facing criminal charges.
New Mexico’s Habitual Offender Law
New Mexico’s habitual offender laws 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 an individual is facing criminal charges for the first time or he/she is a repeat offender, they deserve the best possible defense at all times. That’s where an experienced criminal lawyer from FBD Law comes in handy. We will strive to make sure that you avoid harsh penalties that could impact the rest of your life.
How Can FBD Law Help My Criminal Defense?
FBD Law has been practicing for more than 40 years. Our team has successfully represented many clients facing criminal charges. Our team has extensive knowledge in criminal defense. We have handled many high-profile cases such as the cases of Dr. Wen Ho Lee and Chelsea Manning.
Our expert lawyers have experience in handling all types of criminal cases and a track record of winning both appeals and trial cases. Our attorneys employ a variety of effective defense methods to protect clients. We work to build the strongest possible defense at all times. Our team focuses on protecting the rights of the defendant throughout the legal process.
Our experienced lawyers will act as skilled negotiators on behalf of our clients. Whether you want the charges dismissed or to negotiate a plea deal, our experts will work to get the best possible results for you. Plea bargaining and case negotiation are indispensable skills when handling criminal cases. You will have a highly-skilled negotiator working for you when you hire an experienced criminal defense lawyer at FBD Law.
In addition to practicing in Taos and throughout New Mexico, our firm has an active national and international criminal defense practice. This enables us to consult with the top attorneys across the globe. We have been representing criminal defendants in Taos, throughout New Mexico, other state and federal courts, and internationally for decades.
Our lawyers will thoroughly investigate the facts surrounding your case to build the best possible defense for you. We will search for procedural errors and challenge evidence, including witness testimony when appropriate. Our team will guide you throughout the legal process and protect your rights at all times.
Call FBD Law Today!
Criminal charges may result in severe consequences. That’s why you need to work with a skilled lawyer when you are charged with a crime. At FBD Law, we will give our all in every case we take on because we believe that every defendant needs the best possible representation.
Our team has obtained not guilty verdicts, dismissals, and favorable pleas for numerous clients. Our legal team has extensive experience in handling all types of criminal cases. Whether you are facing a misdemeanor or felony, our expert team can help you.
When you or someone in your family is charged with a criminal offense in Taos, New Mexico, you need an experienced lawyer to represent your case. Call FBD Law at (505) 305-1263 today!