meet the attorneys case results

New Mexico Criminal Law Blog

← Older posts
person under arrest

Felony Resisting Arrest: What Does the Prosecutor Have to Prove?

Posted on by JACK MKHITARIAN

To get a guilty verdict in felony resisting arrest, the prosecutor must prove beyond a reasonable doubt that you intentionally resisted arrest – and that is not as hard as it sounds. While the bar is not extremely high, that… Read More

teddy bear on ground

Can an Innocent Person Be Accused of Child Pornography?

Posted on by JACK MKHITARIAN

Yes, an innocent person can be accused of child pornography, and sadly, that accusation (while false) can permanently destroy a person’s life. Child pornography cases are incredibly sensitive. Not only do state prosecutors want to hold abusers of this practice… Read More

Is Domestic Violence Surging in the Age of COVID-19?

Posted on by JACK MKHITARIAN

With COVID-19 bringing significant job losses around the country, schools closing down, and families being shut indoors with each other day after day, the rate of domestic violence climbs. The financial stressors of the failing economy, uncertainty about whether or… Read More

drug-diversion_600x400

Are Senior Citizens at Higher Risk for a DUI?

Posted on by JACK MKHITARIAN

If you were to think about which demographic is at high-risk for a DUI, you would probably think of those in their 20s. When it comes to seniors, you would think that an elderly person is at low risk, because… Read More

gavel and flag

Do I Have the Right to Record a Police Officer?

Posted on by JACK MKHITARIAN

Most states do give citizens the right to record police officers, but not all of them. In New Mexico, you not only have the right but because New Mexico uses the single party consent rule, you do not even have… Read More

Expunge of criminal record. Expungement written on a document.

How Do You Expunge or Seal an Adult Criminal Record in New Mexico?

Posted on by JACK MKHITARIAN

Having a criminal record will impact you the rest of your life, but in New Mexico, there may be an opportunity to seal or expunge your record. While most states do not allow for adults to expunge their criminal record,… Read More

Self-defense word cloud concept

How Does a Self-Defense Claim Work in New Mexico?

Posted on by JACK MKHITARIAN

In the state of New Mexico, you have the right to defend yourself and your house against someone. While there are self-defense claims that succeed, not all acts against a person qualify as an act of self-defense. Therefore, if your… Read More

blood alcohol

What Are the Breath Test Admissibility Requirements in New Mexico?

Posted on by JACK MKHITARIAN

To have your breathalyzer results admitted into court against you in a DUI, the requirement is not much. The state only requires that the officer be certified by the state Scientific Laboratory Division for operating that machine, and the machine… Read More

Can Search Warrants Be Issued by Phone?

Posted on by JACK MKHITARIAN

A search warrant issued by phone, known as a telephonic warrant, is an actual tool law enforcement can use – but typically only in emergency situations. Telephonic warrants are those obtained by law enforcement during out-of-courtroom hours, such as in… Read More

What Are the Benefits of Body-Worn Cameras?

Posted on by JACK MKHITARIAN

Body-worn cameras allow law enforcement to not only provide training opportunities but can help eliminate any gaps between officer and defendant testimony. Generally, these cameras are designed to help protect civilians and law enforcement, but in a criminal case, these… Read More

← Older posts