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How to File a Civil Lawsuit in New Mexico

Filing a civil lawsuit in New Mexico can be a complex process. Whether you’re dealing with a contract dispute, personal injury claim, or property damage case, understanding the legal requirements is crucial.

While you can file a lawsuit on your own, working with an experienced civil litigation attorney can help ensure that your case is handled correctly, improving your chances of a successful outcome.

What Is a Civil Lawsuit?

A civil lawsuit is a legal dispute between two or more parties seeking monetary compensation or another legal remedy. Unlike criminal cases, civil cases are disputes between private individuals, businesses, or organizations.

Common Civil Lawsuits in New Mexico

Common types of civil lawsuits in New Mexico include:

• Contract disputes – When one party fails to uphold the terms of a contract.
• Personal injury claims – If someone’s negligence causes harm, such as in a car accident.
• Property damage claims – Seeking compensation for damage to personal or real property.
• Landlord-tenant disputes – Issues involving lease agreements, unpaid rent, or evictions.
• Debt collection – When someone owes money but has not paid.

However, New Mexico’s magistrate courts, which handle smaller civil claims, cannot consider cases involving divorce, custody, real estate title disputes, defamation, or misconduct by public officials. Additionally, magistrate courts can only hear cases where the amount in dispute does not exceed $10,000.

Step 1: Determine Jurisdiction and Venue

Before filing your lawsuit, you must determine the appropriate jurisdiction (the court’s authority to hear your case) and venue (the location where you file your claim).

In New Mexico, a civil lawsuit should be filed in the county where:

• The plaintiff (the person filing the lawsuit) lives.
• The defendant (the person being sued) lives.
• The incident that led to the lawsuit occurred.

If the defendant does not reside in New Mexico, the state’s courts may not have jurisdiction over them. An attorney can help determine the correct court for your case.

Step 2: Preparing and Filing Your Complaint

To start a lawsuit, the plaintiff must file a Civil Complaint with the appropriate court. This document must include the names and addresses of all parties involved, the plaintiff’s claim, and the amount of money being sought as compensation.

The Civil Complaint can be obtained from the New Mexico Courts website or at the Magistrate Court Clerk’s Office. The filing fee for a civil lawsuit in magistrate court is $77. If you’re requesting a jury trial, additional fees apply.

Step 3: Serving the Defendant

Once the complaint is filed, the defendant must be formally served with the lawsuit. Proper service ensures that the defendant is notified of the claim against them. New Mexico law requires that the plaintiff cannot personally serve the defendant. Instead, service must be completed by the county sheriff, a private process server, or any non-party adult (18 or older) who is not involved in the case.

How Can a Defendant Be Served?

Service can be done by:

1. Mail – Sending the complaint and summons via certified mail with return receipt requested.
2. Personal Service – Delivering the complaint directly to the defendant or an adult at their residence.
3. Posting – If personal service is unsuccessful, the documents may be posted at the defendant’s last known address and mailed to them.

After the defendant is served, a Return of Service form must be filed with the court. If this step is skipped, the case may be delayed or dismissed.

Step 4: The Defendant’s Response

Once served, the defendant has 20 days to file an Answer with the court. In their response, the defendant may admit or deny the claims, file a counterclaim against the plaintiff, or request the case be dismissed.

If the defendant fails to respond within the deadline, the plaintiff can request a default judgment, meaning the court may rule in favor of the plaintiff without a trial.

Step 5: Pre-Trial Procedures

Before the trial, both parties may engage in discovery, where they exchange evidence and witness lists. Additionally, either party can file motions, such as a request to dismiss the case or limit certain evidence.

A court may also encourage mediation or settlement negotiations to resolve the dispute without a trial. A skilled litigation attorney can negotiate on your behalf to reach a fair settlement.

Step 6: The Trial

If no settlement is reached, the case proceeds to trial. In magistrate court, a judge will hear the case unless a jury trial is requested. During the trial, both parties will present evidence, which can include witness testimony. Then, the judge or jury issues a verdict. If a party disagrees with the outcome, they may be able to file an appeal to a higher court.

Why You Should Hire a NM Civil Litigation Attorney

Filing a civil lawsuit in New Mexico can be overwhelming, especially if the case involves complicated legal issues or a large amount of money. Hiring our attorneys provides several advantages:

• Legal knowledge – An attorney ensures your case follows all legal procedures.
• Accurate filings – A lawyer can help you prepare and submit the correct documents.
• Stronger arguments – Attorneys know how to present a compelling case in court.
• Settlement negotiations – A lawyer can help you reach a fair resolution without going to trial.
• Trial representation – If your case goes to trial, an attorney will advocate for your best interests.

Contact a New Mexico Civil Litigation Attorney Today

If you’re considering filing a civil lawsuit in New Mexico, don’t go through the process alone. A knowledgeable litigation attorney can guide you through every step, from filing your complaint to negotiating a settlement or representing you in court.

Contact our firm today to schedule a consultation to discuss your case and explore your legal options.

When Can You Sue for Wrongful Conviction?

Being wrongfully convicted is one of the most devastating things that can happen to someone. A person who is innocent may spend years behind bars, lose relationships, miss career opportunities, and suffer emotional trauma. But after a conviction is overturned, it may be possible to file a lawsuit to recover damages.

If you or someone you love was wrongfully convicted in New Mexico, it’s important to understand your rights. You may have the legal right to sue for compensation—but only in specific situations. A civil litigation attorney can help you determine whether you have a case and guide you through the process.

What Is a Wrongful Conviction?

A wrongful conviction happens when someone is found guilty of a crime they did not commit. This can happen for many reasons, and it doesn’t always mean someone made an honest mistake. Sometimes, misconduct or carelessness plays a role in putting an innocent person in prison.

Common Reasons for Wrongful Conviction

Common causes of wrongful convictions include:

• False confessions given under pressure or coercion
• Eyewitness misidentification, where someone picks the wrong person out of a lineup
• Police or prosecutorial misconduct, such as hiding evidence or lying in court
• Flawed forensic evidence or expert testimony that misleads the jury
• Inadequate legal defense from an inexperienced or unprepared attorney

These cases take a serious toll on individuals and families. But once a conviction is overturned, the wrongfully convicted person may be able to file a civil lawsuit against the people or institutions that contributed to the injustice.

When You Can Sue for a Wrongful Conviction

You cannot sue for wrongful conviction simply because you were arrested or charged with a crime and later released. To have the right to sue, your conviction must be overturned, dismissed, or vacated. This usually happens when new evidence proves your innocence, or when a court finds that your rights were violated during the original trial.

This process is known as exoneration. If your record is cleared and your conviction is officially thrown out, you may be able to bring a civil claim. A civil litigation attorney can help you determine if you meet the legal standard to sue.

Who Can Be Held Liable for a Wrongful Conviction?

Once a conviction is overturned, the next question is: Who can be sued? In some cases, several people or entities may be responsible for the harm done. You may be able to sue:

• Police officers or departments if they coerced a confession, or acted outside the law
• Prosecutors – but only under limited circumstances, such as if they acted outside their official role
• Forensic experts if they gave false or misleading testimony
• Government entities, such as city or state agencies, for civil rights violations

Keep in mind: Judges and some other officials have absolute immunity and cannot be sued for their decisions on the bench. But others may still be held accountable through a well-supported civil lawsuit.

Types of Claims You Can Bring for a Wrongful Conviction

There are several possible legal claims that a wrongfully convicted person can bring in a civil lawsuit. The most common include:

• Malicious prosecution – Suing for being wrongfully prosecuted without probable cause
• False imprisonment – Holding someone against their will without legal justification
• Violation of constitutional rights – Claims under 42 U.S.C. § 1983, which allows individuals to sue the government for civil rights violations

In New Mexico, the Tort Claims Act limits when and how the state can be sued. However, if your civil rights were violated, your case may fall under exceptions to that rule. A skilled attorney can help you build your case and identify which claims apply.

Damages You Can Recover for a Wrongful Conviction

A wrongful conviction often leads to serious financial and emotional damage. A civil lawsuit can help you recover compensation for what you’ve lost. You may be able to recover:

• Lost wages and future income
• Pain and suffering from time spent in prison
• Emotional distress
• Loss of reputation and damage to your personal relationships
• Legal costs associated with clearing your name

Time Limits to File a Lawsuit

You don’t have forever to file a lawsuit. There are strict time limits, called statutes of limitations, that apply to wrongful conviction claims.

Generally, the clock starts on the date your conviction is overturned or your record is cleared—not when you were originally convicted. However, calculating the exact deadline can be complicated. If you wait too long, your case could be dismissed, no matter how strong it is.

Don’t risk missing your chance to file. An experienced civil attorney can review your case and make sure everything is filed on time.

Why You Need a Civil Litigation Attorney

Wrongful conviction lawsuits are complex. They often involve suing government agencies, navigating immunity rules, and building a case that shows how your rights were violated. These cases also require detailed knowledge of both state and federal law.

A civil litigation attorney can help by:

• Investigating the circumstances of your conviction
• Gathering the right evidence
• Filing the correct legal documents
• Identifying all liable parties
• Calculating the full value of your damages
• Fighting for your rights in court or in settlement negotiations

Trying to handle a lawsuit on your own can hurt your chances of success. With a lawyer from Harrison & Hart on your side, you’ll have the support you need to seek justice and fair compensation.

Contact a New Mexico Wrongful Conviction Attorney Today

If you were wrongfully convicted and later exonerated, you may be entitled to compensation for the harm you’ve suffered. These cases are serious—and so are the stakes. The sooner you speak with a civil litigation attorney, the sooner you can start building your case and moving forward with your life.

Call our firm today at 505-295-3261 or contact us to schedule a consultation. We’ll review your case, explain your options, and help you fight for the justice you deserve.

Who Can Appeal a Federal Case?

The federal legal system is designed to ensure justice, but even well-run trials can result in errors or disputes that warrant further examination. When a party feels that justice wasn’t served, they may consider filing an appeal.

However, not everyone involved in a federal case can file an appeal, and the process is complex. Understanding who can appeal a federal case and the grounds for doing so can determine your next steps, along with the help of an attorney.

Who Can Appeal a Federal Case?

Not all parties in a federal case can file an appeal, and there are limits to what can be challenged. Generally, individuals or entities directly affected by a trial court’s decision have standing to appeal. This includes

Defendants in Criminal Cases

Defendants convicted of a federal crime can appeal if they believe legal errors, constitutional violations, or sentencing issues marred their trial. For instance, if a judge admitted inadmissible evidence or imposed a sentence that exceeded legal limits, the defendant may have grounds to challenge the decision.

However, the appeal must be based on identifiable errors in the trial record; simply disagreeing with the outcome is insufficient. For defendants, filing an appeal can mean the possibility of a new trial, a reduced sentence, or even overturning the conviction.

Prosecutors in Criminal Cases

The prosecution’s ability to appeal in federal criminal cases is more limited. They generally cannot appeal a not-guilty verdict due to constitutional protections against double jeopardy.

However, they can challenge certain rulings, such as the suppression of evidence or sentencing decisions, if those rulings are deemed legally erroneous.

These appeals often occur when the prosecution argues that the trial court misapplied the law in a way that impacts future cases.

Parties in Civil Cases

In civil cases, either party can appeal a judgment if they are dissatisfied with the trial court’s decision and believe an error affected the outcome. This includes disputes over the interpretation of statutes, the admissibility of evidence, or procedural issues that impacted the trial’s fairness.

What Are the Grounds for Filing a Federal Appeal?

Appeals focus on identifying errors in the trial court’s application of the law rather than rearguing the facts of the case. Common grounds for federal appeals include:

• Legal errors, such as incorrect jury instructions or improper admission of evidence
• Constitutional violations, such as denial of due process or unlawful searches
• Sentencing errors, like misapplication of federal sentencing guidelines or excessive sentences
• Procedural irregularities, including errors in jury selection or mishandling of pre-trial motions

How Does the Federal Appeals Process Work?

The federal appeals process is designed to ensure that the law was applied correctly in the trial court. Below is an overview of the key steps:

1. Filing a Notice of Appeal

Strict procedural rules govern the process regardless of who is filing the appeal. Appeals must generally be initiated within 30 days of the trial court’s judgment in civil cases or 14 days in criminal cases.

The appellant must also ensure all necessary documentation, including a notice of appeal and relevant trial records, is filed on time to avoid forfeiting their right to appeal.

2. Preparing the Trial Record and Briefs

The trial record includes all transcripts, evidence, and documents from the original case. The brief is a written argument submitted by the appellant (the party filing the appeal) explaining why the trial court’s decision should be reversed. The opposing party files a response brief defending the trial court’s ruling.

3. Oral Arguments

In some cases, the appellate court schedules oral arguments where lawyers for both sides present their positions and answer the judges’ questions. However, many appeals are decided based solely on the written briefs and trial record.

4. Possible Outcomes of the Court’s Decision

After reviewing the case, the appellate court issues a written decision, which may:

Affirm

One possible outcome is that the appellate court affirms the lower court’s decision, meaning it agrees with the trial court’s ruling and upholds the original judgment. In this case, the trial court’s verdict remains in effect, and any sentences or judgments imposed are enforced.

Reversal

Alternatively, the appellate court may reverse the lower court’s decision, finding that a significant legal error occurred that impacted the trial’s outcome. A reversal often leads to the dismissal of charges, a new trial, or a modified judgment, depending on the nature of the error.

Remand

Sometimes, the appellate court may remand the case back to the trial court for further proceedings. A remand typically occurs when the appellate judges identify errors that need correction but believe the trial court is best equipped to address them, such as reevaluating evidence or issuing a new sentence.

Why Work with An Appellate Attorney?

Navigating a federal appeal requires a precise understanding of appellate law, strict procedural deadlines, and the ability to craft persuasive legal arguments. Experienced appellate attorneys specialize in identifying trial errors, writing compelling briefs, and strategically presenting cases to appellate judges.

Their knowledge ensures that key arguments are communicated effectively to increase the likelihood of a favorable outcome. Without professional guidance, you could risk procedural missteps and missed opportunities to challenge critical trial court decisions.

Questions about Appeals? Contact Harrison & Hart LLC

Filing a federal appeal is not about dissatisfaction with a verdict but about identifying and challenging legal or procedural errors. Only specific parties can appeal, and the grounds must be rooted in legal errors or violations of rights.

Given the high stakes and complexities of federal appeals, working with an experienced appellate lawyer is essential. Harrison & Hart LLC is highly experienced in federal appeals and dedicated to helping clients navigate this challenging process.

Contact us today or call 505-295-3261 for a consultation.

How Does the New Mexico Court of Appeals Work?

The New Mexico Court of Appeals is critical to the state’s judicial system. It reviews decisions made by lower courts to ensure the law was applied correctly. The court handles both civil and criminal appeals, providing a crucial step for those seeking to challenge a trial court’s ruling.

Here’s what you need to know about the Court of Appeals, the appellate process, and the potential outcomes.

What Is the New Mexico Court of Appeals?

The New Mexico Court of Appeals is an intermediate appellate court that reviews decisions made by lower trial courts to ensure the correct application of law. It hears civil and criminal appeals, except for cases like death penalty matters.

How Is the NM Court of Appeals Structured?

The New Mexico Court of Appeals is comprised of 10 judges who sit in panels to review cases. These judges are divided between Santa Fe and Albuquerque.

The court is structured to handle appeals efficiently, with the panels rotating to ensure a fair distribution of the caseload. Cases are generally assigned randomly, and the panels consist of three judges each.

What Do Court of Appeals Judges Do?

Unlike trial courts, appellate judges do not re-examine witnesses or consider new evidence. Instead, they focus on whether legal errors were made in the original case. The judges review the written briefs, the trial court record, and any oral arguments presented. The panel will then issue a written opinion explaining their decision.

What Types of Cases Does the NM Court of Appeals Hear?

The court has jurisdiction over most civil and criminal appeals. Civil cases can range from family law disputes to business litigation, while criminal appeals often involve issues such as wrongful convictions or sentencing errors.

However, some cases—such as capital punishment appeals and cases involving public regulation— bypass the Court of Appeals and go straight to the New Mexico Supreme Court.

What Is the Appellate Process in the New Mexico Court of Appeals?

The appellate process begins with the filing of a notice of appeal. This document notifies the court and the opposing party that you intend to challenge the lower court’s decision.

Afterward, both parties submit briefs, written arguments explaining their position. The appellant argues why the decision should be overturned, while the appellee defends the original ruling. In some cases, oral arguments may be scheduled, allowing attorneys to present their case before the judges. However, many appeals are decided based solely on the written briefs.

How to File an Appeal in New Mexico

To file an appeal, there must be legal grounds to claim that an error occurred during the trial. These could include mistakes in applying the law, procedural errors, or insufficient evidence to support the trial court’s decision.

Appeals must be filed within a specific time frame, typically 30 days from the final judgment in the lower court. Missing this deadline can result in the loss of the right to appeal.

What Are the Possible Outcomes of an Appeal?

The New Mexico Court of Appeals has several options when deciding a case. The court can affirm the lower court’s ruling, meaning they agree with the original decision and the case is over.

Alternatively, they can reverse the decision, which may result in a new trial or the case being sent back to the lower court (remanded) for further proceedings. Sometimes, the court may modify the ruling without sending it back to the lower court, adjusting aspects like damages or sentencing.

What Types of Opinions Can Be Issued?

The court may issue one of three types of opinions:

• Published opinions establish precedent and can be cited as binding authority in future cases. They are carefully written and thoroughly reasoned, often addressing novel legal issues or clarifying existing law.
• Unpublished opinions resolve the case at hand but do not establish binding precedent. While these opinions are not published in official reporters, they are typically available online and can be persuasive in future cases.
• Memorandum opinions are brief decisions that dispose of the case without extensive legal analysis. They are used when the court believes a full opinion is unnecessary due to settled law or clear facts.

How Long Does the Appeals Process Take in New Mexico?

The process can take anywhere from six months to two years or more, depending on the complexity of the case and the court’s caseload.  Several factors can influence the timeline, such as delays in filing briefs, the need for oral arguments, and how quickly the panel reaches a decision.

Do You Need a Lawyer for an Appeal?

While you aren’t required to have a lawyer in an appeal, working with one can make all the difference in achieving a favorable outcome. Many appeals are lost due to technical mistakes or failure to meet deadlines. An attorney with extensive legal knowledge can craft persuasive briefs and present compelling oral arguments on your behalf to improve your chances of success.

Questions about an Appeal in New Mexico? Call Harrison & Hart, LLC Today

Whether you’re facing a civil or criminal appeal in New Mexico, understanding the court’s process can help you navigate this complex system.

If you’re considering an appeal in New Mexico, our experienced appellate attorneys at Harrison & Hart, LLC can help. We’ll guide you through each step of the process and fight for the best possible outcome in your case.

Call 505-295-3261 today or contact us to schedule an initial consultation.

Who Investigates Federal Crimes?

Federal crimes, unlike state offenses, involve violations of laws passed by the U.S. Congress. These crimes can range from drug trafficking and organized crime to financial fraud and terrorism. Various federal agencies are tasked with this responsibility, each with its own jurisdiction and area of expertise.

When Are Crimes Charged at the Federal Level?

investigates cases are distinct from state crimes in that they are prosecuted by the federal government, while state crimes are prosecuted by state or local authorities. Some offenses commonly charged at the federal level include:

• Drug trafficking: The illegal production, distribution, or possession of controlled substances.
• Cybercrime: Crimes committed using computers or the internet, such as hacking, identity theft, and fraud.
• White-collar crimes: Non-violent crimes such as embezzlement, fraud, and tax evasion.
• Terrorism: The unlawful use of violence or intimidation, often with political goals.

What Agencies Investigate Federal Offenses?

Because these cases are complex and often high-stakes, several federal agencies are responsible for investigating them.

Federal Bureau of Investigation (FBI)

The Federal Bureau of Investigation, commonly known as the FBI, is perhaps the most well-known U.S. federal agency. From counterterrorism and cybercrime to corruption and organized crime, the FBI is at the forefront of protecting the United States from serious threats.

For example, the FBI investigates cases involving national security, such as terrorism and espionage, as well as crimes that cross state lines, like human trafficking and large-scale fraud.

Drug Enforcement Administration (DEA)

The Drug Enforcement Administration (DEA) focuses on combating drug-related crimes. Its primary mission is to enforce the controlled substances laws and regulations of the United States. This includes investigating major drug trafficking organizations, dismantling drug cartels, and preventing the illegal distribution of narcotics.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is responsible for enforcing federal laws related to the illegal use and trafficking of firearms, explosives, alcohol, and tobacco products. The agency also investigates cases of arson and bombings, particularly when these acts are tied to criminal organizations or terrorism.

Common federal crimes investigated by the ATF include firearms trafficking, illegal possession of explosives, and arson committed as part of insurance fraud schemes.

U.S. Secret Service

The U.S. Secret Service is best known for its role in protecting the President and other high-ranking officials. However, the agency also investigates federal crimes, particularly those involving financial fraud and counterfeiting. The Secret Service was originally established in 1865 to combat the widespread counterfeiting of U.S. currency, and it continues to focus on this area today.

In addition to counterfeiting, the Secret Service investigates a range of financial crimes, including credit card fraud, identity theft, and cybercrime. The agency’s dual mission of protection and investigation allows it to address threats to both individuals and the financial system.

U.S. Immigration and Customs Enforcement (ICE)

U.S. Immigration and Customs Enforcement (ICE) is a federal agency primarily responsible for enforcing immigration laws and investigating customs violations. ICE’s investigative arm, Homeland Security Investigations (HSI), is involved in a wide array of federal crime investigations, from human trafficking and child exploitation to illegal arms exports and immigration fraud.

Internal Revenue Service (IRS) Criminal Investigation Division

The IRS Criminal Investigation Division (IRS-CI) is the law enforcement arm of the Internal Revenue Service. The division focuses on investigating financial crimes, particularly those involving tax evasion, filing false tax returns, money laundering, and other forms of financial fraud. IRS-CI agents are often involved in high-profile cases where individuals or organizations attempt to conceal income or launder illicit funds.

Other Federal Agencies

In addition to the major agencies mentioned above, several other federal entities play important roles in investigating federal crimes. The U.S. Marshals Service, for instance, is responsible for apprehending fugitives, transporting federal prisoners, and protecting witnesses in federal cases. The Marshals Service also enforces federal court orders and assists in the recovery of assets obtained through criminal activities.

The Securities and Exchange Commission (SEC) is another key agency, investigating violations of securities laws, including insider trading, securities fraud, and market manipulation.

How Do These Agencies Work Together?

Given the complexity of many federal crimes, it’s common for multiple agencies to work together on investigations. This coordination is crucial in cases that span multiple jurisdictions or involve various types of criminal activity. For instance, a major drug trafficking case might involve the DEA, FBI, and ATF, while a financial fraud case could see collaboration between the FBI, IRS-CI, and SEC.

Charged at the Federal Level? Call Harrison & Hart Today

The world of federal law enforcement is complex. If you are facing a federal investigation or have been accused of a federal crime, don’t hesitate to contact Harrison & Hart. Our experienced attorneys can provide you with the guidance and representation you need to navigate the federal legal system.

Call 505-295-3261 or contact us today to schedule an initial consultation.

Your Rights During a Police Stop in New Mexico

Understanding what New Mexico police officers can and cannot do during a stop empowers you to interact confidently and protects you from legal ramifications. Here’s what you need to know about your rights during a police stop.

Understanding the Reasons for a Traffic Stop

The Fourth Amendment to the U.S. Constitution safeguards citizens from unreasonable searches and seizures. New Mexico upholds these protections, and law enforcement officers must have reasonable suspicion or probable cause to stop you on foot or in a vehicle.

Reasonable Suspicion

This legal standard allows an officer to briefly detain an individual if they have a reasonable suspicion that you have violated a traffic law or committed a crime. For example, an officer may observe erratic driving behavior or a vehicle with an expired registration, warranting further investigation.

Probable Cause

A higher legal threshold than reasonable suspicion, probable cause exists when an officer has sufficient evidence or facts to believe that a crime has been, or is being, committed. This could include witnessing a traffic violation such as running a red light or observing contraband in plain view.

Interacting with NM Law Enforcement: Dos and Don’ts

Although you might feel stressed and anxious if pulled over, it is crucial to conduct yourself to promote a safe and lawful interaction with the officer. Here are some dos and don’ts to keep in mind:

Remain Calm and Respectful

Regardless of what led to the stop, it is imperative to remain calm and follow the officer’s instructions. Avoid sudden movements or confrontational behavior that could escalate the situation.

While you have the right to assert your constitutional protections, it’s best to do so respectfully and without hostility. Verbal aggression or non-compliance can potentially lead to additional charges or complications.

Present Your ID When Asked

You are obligated to identify yourself and provide your driver’s license and registration upon request. However, you are not required to answer any questions unrelated to the reason for the stop.

Assert Your Rights to Protect Yourself

You have the Fifth Amendment right to refrain from answering questions that could potentially incriminate you. If the officer begins questioning you about potential criminal activity, you can politely invoke your right to remain silent.

Additionally, in New Mexico, you have the right to record the encounter, provided it does not interfere with the officer’s duties. This recording can serve as an important piece of evidence should you need to contest any part of the stop later.

What to Do after the Stop

After the police stop has concluded, it is vital to document the incident as soon as possible. Write down everything you remember, including the officers’ names, badge numbers, and the sequence of events.

The Legalities of Searches and Seizures

During a police stop, officers may attempt to search your vehicle or person. They can do this in a few ways:

Consent Searches

Law enforcement officers may request your consent to search your vehicle or belongings. However, you have the right to refuse such a request. An officer cannot legally conduct a search without your voluntary consent unless they have probable cause or a valid search warrant.

Probable Cause Searches

If an officer has probable cause to believe that evidence of a crime or contraband is present in your vehicle, they may legally conduct a search without your consent or a warrant, under certain circumstances.

Search Warrant Requirements

In the absence of probable cause or your voluntary consent, an officer must obtain a valid search warrant from a judge before conducting a search of your vehicle or property. This warrant must be based on sworn testimony and specify the areas and items to be searched.

When Should You Call a Lawyer if You’re Stopped?

One of your most fundamental constitutional protections is the right to legal counsel, which can be invoked during a police stop or subsequent questioning.

Securing legal representation as soon as possible can help protect your rights and ensure that you navigate the legal process effectively. An experienced criminal defense attorney can advise you on the best course of action and represent your interests throughout the proceedings.

If an officer attempts to question you about potential criminal activity, you have the right to invoke your right to legal counsel. You can politely state that you wish to exercise your right to an attorney and refrain from answering any further questions until your legal representative is present.

What Happens if You Don’t Comply at a Traffic Stop?

While asserting your rights is crucial, it is equally important to comply with lawful orders and instructions from law enforcement officers. Non-compliance can escalate the situation unnecessarily, potentially leading to charges for:

Resisting Arrest

If an officer has probable cause to arrest you and you resist or obstruct the arrest, you may face additional charges for resisting arrest or obstructing an officer.

Uncooperative Behavior

Depending on the circumstances, non-compliance or uncooperative behavior during a police stop could potentially lead to charges such as disorderly conduct, failure to obey a lawful order, or other related offenses.

Call Harrison & Hart if Your Rights Were Violated During a Traffic Stop

Navigating a police stop can be a complex and potentially stressful situation, but understanding and asserting your constitutional rights is crucial to protecting your civil liberties.

If you have been arrested or believe your rights were violated during a police interaction, contact the experienced New Mexico criminal defense lawyers of Harrison & Hart today. We are committed to protecting your rights and will fight to ensure you are treated fairly throughout the legal process.

Call 505-295-3261 today or contact us to schedule an initial consultation.

New Federal Sentencing Guidelines: Can You Get a Sentence Reduction?

In August 2023, the U.S. Sentencing Commission made significant changes to the federal sentencing guidelines that could result in shorter prison sentences for thousands of individuals. If you have a loved one who is currently incarcerated or awaiting sentencing, it’s crucial to understand these revisions and how they might impact their case.

If you believe your loved one may qualify for a sentence reduction under the updated guidelines, seek legal assistance from an experienced criminal defense attorney at Harrison & Hart. We can review your loved one’s case, determine their eligibility, and guide you through the process of applying for a reduced sentence.

Understand the Key Changes

The most notable update relates to how a defendant’s criminal history is factored into their sentence. Previously, individuals with no prior criminal records (known as “zero-point offenders”) were treated the same as those with criminal histories when calculating their sentencing range.

However, under the new federal guidelines, zero-point offenders whose offenses did not involve aggravating factors like violence or firearms will have their offense levels reduced by two levels. This change could potentially reduce sentences by months or even years for some offenders.

When Will the Changes Take Effect?

The new amendments went into effect on November 1, 2023, for those awaiting sentencing. For individuals already incarcerated, the changes applied retroactively starting on February 1, 2024. The three-month delay was intended to allow those released early to receive necessary reentry programs and transitional services, promoting their successful reintegration into society and enhancing public safety.

Who Can Seek a Reduced Sentence?

The amendments aim to increase fairness and reduce overly harsh sentences, particularly for non-violent, first-time offenders. Those convicted of lower-level drug offenses or white-collar crimes are among those who could benefit the most from these changes.

However, not everyone will qualify for a sentence reduction. To be eligible, defendants must meet specific criteria, including:

• Having no prior criminal history points
• Not having committed offenses involving terrorism, hate crimes, sex offenses, civil rights violations, or continuing criminal enterprises
• Not having caused death, serious injury, or substantial financial hardship in connection with the offense
• Not having possessed or used firearms or other dangerous weapons during the offense

If your loved one meets these qualifications, they may be eligible for a reduced sentence under the new guidelines.

How Will These Changes Help?

The updates to the federal sentencing guidelines don’t just impact future cases – they also provide a path for thousands of currently incarcerated individuals to potentially get their sentences reduced retroactively.

However, implementing retroactive sentence reductions is a major undertaking. The U.S. Sentencing Commission recognized that the courts and prison system would need adequate time to review petitions and prepare for the safe release and reentry of those receiving reduced sentences.

That’s why they built in a 3-month delay, setting the effective date for retroactive application as February 1, 2024. This will allow all parties involved – judges, lawyers, prison officials, and more – to get ready for the changes.

How Many People Will Be Affected?

So how many people might benefit from getting their sentences reduced retroactively? According to the Commission’s estimates from July 2023:

• 11,495 currently incarcerated individuals could have their sentencing range lowered under the “status points” provisions, resulting in an average 11.7% reduction in their sentence lengths.
• 7,272 currently incarcerated individuals are expected to be eligible for reduced sentencing ranges as “zero-point offenders” with no prior criminal histories. For them, the average sentence reduction could be a substantial 17.6%.

These numbers represent thousands of people, many of them likely non-violent offenders, who may get a second chance thanks to the revised guidelines promoting more proportional sentencing.

The Commission carefully analyzed this issue from all angles before voting to apply the changes retroactively. They reviewed data, heard testimony from experts and stakeholders across the legal system, and ultimately concluded that reducing excessive sentences would increase fairness while maintaining public safety.

Get Help from a Criminal Defense Attorney with Harrison & Hart Today

At Harrison & Hart LLC, our team of dedicated attorneys is well-versed in the intricacies of the federal sentencing guidelines and committed to fighting for the rights of our clients and their families. We understand the profound impact these changes can have on your loved one’s future, and we’re here to help you navigate this opportunity.

Contact us today at (505) 295-3261 for a free consultation and let us explore the possibilities of a reduced sentence for your loved one under the new federal sentencing guidelines.

What Is a Federal Grand Jury?

You’ve probably heard about the important role of the grand jury in major news stories or legal dramas. But what exactly is a grand jury, and what do they do in federal cases? You may be surprised to learn that grand juries are one of two types of juries that operate at the federal level, each serving unique functions.

Learn more about the grand jury’s purpose, powers, proceedings, and its role in the federal justice system.

When Is a Case Brought Before a Federal Grand Jury?

The right to grand jury indictment is constitutionally required in federal felony cases. Felonies that can be charged at the federal level include white collar crimes, drug trafficking, fraud, or violent crimes.

Who Serves on a Federal Grand Jury?

A federal grand jury is composed of 16 to 23 jurors drawn from the district where the federal court is held. Jurors typically serve around 18 months, but can serve up to 24 months if a judge grants an extension. As with any jury, the selection process aims to produce a group that represents a fair cross-section of the community.

How Does a Federal Grand Jury Work?

The primary function of a federal grand jury is to investigate potential federal offenses and determine whether there is enough evidence to bring formal charges, known as an indictment, against a suspect. Unlike petit juries, which decide the guilt or innocence of a defendant during a trial, grand juries do not determine guilt. Instead, they decide whether there is probable cause to proceed with a prosecution. Grand juries do not meet every day and will hear multiple cases during their term of service.

Broad Powers

A federal grand jury holds expansive authority due to its constitutional role in the justice system. It can initiate investigations without probable cause or suspicion of a crime based on information from any source, including the grand jurors’ own knowledge. This autonomy allows the grand jury to conduct thorough investigations and operate free of the constraints typically required in criminal investigations.

Secrecy Rules

Grand jury proceedings are secret. The only people allowed in the room are the jurors, the prosecutors presenting the case, the court reporter, and witnesses when they testify. This confidentiality is intended to protect the reputation of the accused if they aren’t indicted, protect the jurors, and encourage witnesses to speak freely.

There are some exceptions to the secrecy rules of a federal grand jury. For example, basic demographic juror information isn’t confidential, and disclosure of some information can be authorized to assist foreign investigations. Courts can also authorize disclosures for national security or public interest reasons.

The accused may have limited access to grand jury materials for their defense. Some transcripts may eventually become public records; however, these exceptions are carefully considered to balance competing interests.

Federal Grand Jury Process

The Administrative Office of the United States Courts provides a Grand Juror Handbook with helpful information outlining what to expect in the grand jury process. Federal grand jury proceedings usually follow these steps:

Evidence Presentation and Witness Questioning

The prosecutor, representing the government, presents evidence and calls witnesses to testify before the grand jury. Jurors are active participants in building the case, not passive receivers of information. The jury can request to hear from additional witnesses and or ask for more evidence.

Grand jury witnesses are usually subpoenaed to appear, and a witness’s attorney cannot be present in the room when they testify. Failing to comply with a subpoena is grounds for holding a witness in contempt.

Deliberation and Voting

After hearing all the evidence, the grand jury deliberates in secret. The prosecutor is barred from these deliberations. This independent deliberation highlights the unique role of the grand jury.

For an indictment to be issued, a majority of jurors must agree there is probable cause. In the federal system, at least 12 jurors must vote in favor of an indictment.

Possible Outcomes

If the grand jury finds sufficient evidence and determines the accused should be put on trial, it issues an indictment against the defendant. The indictment is then sealed until the defendant is arrested or appears voluntarily before the court.

If there’s insufficient evidence, the grand jury can decide not to indict. The prosecutor can still pursue charges through a different process depending on the case. They can resubmit the charges if new evidence emerges.

Facing Federal Charges? Call Harrison & Hart, LLC Today

If you are the target of a federal grand jury investigation or learn you’ve been subpoenaed to testify, it’s crucial to understand your rights and work with an experienced criminal defense attorney.

Even though an attorney cannot be present if you testify, a lawyer can help you prepare for what’s to come and fight to protect your rights.  Our legal team at Harrison & Hart, LLC will hear your questions and concerns and provide honest advice and guidance based on our years of practice.

Call (505) 295-3261 or contact us today to schedule an initial consultation.