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New Mexico Criminal Law Blog

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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

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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

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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

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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

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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

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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

body cam

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

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What Happens If I Do Not Attend My First DUI Court Date?

Posted on by JACK MKHITARIAN

You might not be held until your first court appearance after a DUI, but if you do not show up for that court appearance, a judge will issue a bench warrant for your arrest. Furthermore, any bail you paid (or… Read More

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What the New Expungement Laws in New Mexico Mean for Your Criminal Record

Posted on by JACK MKHITARIAN

On January 1, 2020, a new expungement law went into effect in New Mexico, known as the Criminal Record Expungement Act (CREA). Now defendants may expunge their criminal record as long as it meets specific requirements. Understanding the basics of… Read More

drugs in car trunk

How to Defend a Trafficking Case

Posted on by JACK MKHITARIAN

Drug trafficking charges are very serious, and sometimes prosecutors can be overzealous when charging a person with trafficking when they are just barely past the line. Luckily, you have defense strategy options – even when facing something as serious as… Read More

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