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Category Archives: Criminal Defense

New Mexico Criminal Law Blog

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What Makes a Drug Charge Aggravated?

Posted on by JACK MKHITARIAN

Aggravated drug crimes typically mean that you are facing a felony rather than a misdemeanor. With that comes longer prison sentences, higher fines, and long-term consequences of being branded as a “felon.” It is illegal in New Mexico to possess… Read More

Several police car during patrol at night.

What Happens When a DUI Results in Someone’s Death?

Posted on by JACK MKHITARIAN

When someone dies as a result of drunk driving, it is no longer just a DUI case; it is now a vehicular homicide. Not only will the driver be charged with a DUI (a misdemeanor), but now they face vehicular… Read More

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

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

A mobile phone with a keyboard at the back..

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

A gavel and a shot of tequila with lemon.

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

Erasing the past writing.

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

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