Criminal Defense

The statute of limitations sets a deadline by which the prosecutor must file charges with respect to a particular crime.  The statute of limitations period typically starts running on the day the crime is committed. In Albuquerque, the periods are:

• Misdemeanors: Two years
• Third and fourth-degree felonies:  Five years
• Second-degree felonies: Six years
• First-degree felonies: No limitation

A plea bargain is an agreement between a defendant and the prosecutor in which the defendant agrees to plead guilty to a lesser crime in exchange for the prosecutor’s recommendation to the court to accept the plea and dismiss the original charge. Although the court is not bound by the plea agreement, it usually accepts it.

Under the exclusionary rule, no evidence that has been obtained in an unconstitutional manner can be used as evidence in court. Evidence seized with a defective search warrant, for example, can be excluded. The exclusion of critical evidence often results in charges being dropped.

Entrapment occurs when the police persuade a defendant to commit a crime that he probably would not have committed without police inducement.  Certain types of “sting” operations may qualify as entrapment. A successful entrapment defense results in the complete acquittal of the defendant.

Nothing you say can be used against you in court until you have been informed of your rights. If the police refuse to read you your rights and you confess, for example, your confession cannot be used as evidence.

A conditional discharge is a dismissal of your charges, without a formal adjudication of guilt, on the condition that you complete a certain period of probation. Although a conditional discharge is not the same as a conviction, it does become a part of your criminal record and is not necessarily eligible for an expungement. A conditional discharge is only available once in a lifetime, and even then, only for a first-time offender.

The unfortunate answer to this question is “forever,” at least in most cases. In rare cases, an expungement will be available, which will clear your public record. If you re-offend, however, your offense might still be treated as a second offense because law enforcement officials are likely to retain access to information about your expunged conviction.

Tell them you cannot answer any of their questions until you get an attorney and until your Albuquerque criminal defense attorney is present during questioning. If you answer any of their questions, your answers can be used against you in court unless the police failed to “read you your rights” before questioning you. This advice applies regardless of whether you are guilty or innocent.

Probably not, unfortunately. The New Mexico Supreme Court has ruled that DUI checkpoints are legal even without any particular suspicious behavior on the part of the driver (unlike certain other states that forbid DUI checkpoints). If the checkpoint was discriminatory – for example, the police only pulled over black drivers and you are black – you might have a defense based on discrimination. If you win a discrimination claim, your DUI charge would almost certainly be dismissed due to a lack of admissible evidence.