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Statute of Limitations for Criminal Defense in New Mexico

If you are facing criminal charges or believe you may be under investigation in New Mexico, you need to understand the statute of limitations. This legal deadline determines how long prosecutors have to charge someone with a crime. Missing these time limits can have significant consequences, including dismissal of charges in some cases, while certain crimes carry no statute of limitations at all.

Knowing how the statute of limitations works and when exceptions might apply is essential for protecting your rights.

What Is the Statute of Limitations?

A statute of limitations is a law that sets a maximum time frame during which the government can initiate criminal proceedings. In New Mexico, these deadlines vary depending on the type and severity of the crime.

For example:

• Most misdemeanor offenses must be charged within two years of the alleged criminal act (M. Stat. § 30-1-8).
• Most felony offenses must be charged within three years (N.M. Stat. § 30-1-8).
• Certain serious crimes, such as murder, homicide, or kidnapping, have no statute of limitations, meaning charges can be filed at any time.

Understanding which timeline applies to your case is critical because the government generally loses the ability to prosecute you once the deadline passes.

Why the Statute of Limitations Matters

The statute of limitations serves two essential purposes:

1. Preserving evidence and witness memory. Over time, memories fade, evidence can be lost, and witnesses become difficult to locate. Limiting the time frame ensures that cases are based on fresh, reliable information.
2. Providing legal certainty. Defendants deserve closure and protection from indefinite legal exposure. The statute prevents prosecutors from bringing charges many years after an alleged crime occurred.

Knowing these timelines early can be crucial for planning a defense strategy.

How Criminal Statutes of Limitations Can Vary in New Mexico

While two or three years is standard for most misdemeanors and felonies, New Mexico law sets different deadlines depending on the type and severity of the offense. Some crimes have extended limitations, shortened deadlines, or no statute of limitations at all.

Understanding which timeline applies to your case is critical because missing the applicable window can limit or eliminate defenses, while serious crimes may still be prosecuted years later.

Murder and Homicide: No Statute of Limitations

Charges for murder or homicide in New Mexico can be filed at any time, regardless of how many years have passed. This reflects the severity of these offenses and the public’s interest in holding perpetrators accountable. Even decades after a crime, law enforcement can pursue charges, meaning defendants must remain vigilant about their rights in investigations or arrests.

Sexual Offenses Against Minors

New Mexico allows for extended or open-ended statutes of limitations for crimes involving the sexual abuse or exploitation of minors. In many cases, the clock does not begin until the victim reaches 18, giving survivors additional time to come forward. These laws recognize that abuse may be concealed or unreported for years, and courts often consider the long-term impact on victims when evaluating timelines for prosecution.

White-Collar and Financial Crimes

Fraud, embezzlement, and other nonviolent financial crimes typically have a three-year statute of limitations, which generally starts from the date the criminal act was committed or discovered. In complex cases, such as corporate fraud or hidden embezzlement schemes, New Mexico law may allow the clock to start when the illegal activity is discovered, rather than when it occurred. Understanding these rules is critical, as prosecutors can attempt to charge individuals many years after the initial act if discovery triggers the statute.

Misdemeanors: Two-Year Limit

Most misdemeanor offenses, such as petty theft, minor assaults, or DUI charges that do not result in serious injury, must be filed within two years. If prosecutors attempt to charge someone after this deadline, an experienced defense attorney can often file a motion to dismiss. Even minor procedural errors in these cases can be leveraged to protect a client’s rights, making early legal guidance necessary.

Tolling and Special Circumstances

In certain situations, the statute of limitations can be paused or “tolled,” effectively extending the time the government has to file charges. Tolling may occur when:

• The accused is out of state or deliberately hiding to avoid prosecution.
• The crime was unknown or concealed, making discovery delayed.
• There are ongoing investigations or criminal schemes where authorities gather evidence before filing charges.

A knowledgeable criminal defense attorney can determine whether tolling or exceptions apply, potentially preventing late-filed charges from proceeding and strengthening your defense strategy.

When Does the Clock Start Running?

The statute of limitations for most crimes begins when the criminal act occurred. However, New Mexico recognizes the “discovery rule” in some instances, particularly for white-collar crimes, fraud, or offenses involving concealment.

For example:

• Carefully hidden fraud may start the clock when the crime is discovered, not when it was committed.
• Sexual abuse of a minor may start the clock when the victim turns 18, allowing survivors additional time to report the offense.

Because determining the start date can significantly impact your legal rights and defense options, consulting a criminal defense attorney as soon as you suspect an investigation or potential charges is critical. Early guidance ensures that deadlines are calculated correctly and that procedural protections are fully leveraged.

What Happens If the Statute of Limitations Expires?

If prosecutors attempt to charge someone after the statute of limitations has expired, a defense attorney can file a motion to dismiss. The court will often dismiss the charges, permanently barring prosecution.

However, charges may still be filed many years later for crimes with no statute of limitations or cases involving tolling. Acting quickly and understanding the specific timeline for your alleged offense is essential to mounting a strong defense.

How an Attorney Helps Protect Your Rights

A skilled criminal defense attorney does much more than track deadlines; they protect your rights and ensure the government complies with procedural rules that can significantly impact your case. Even a minor prosecutorial error can be grounds for dismissal, and an experienced lawyer knows how to spot these opportunities. Your attorney will:

Determine Which Statute of Limitations Applies

Every criminal charge in New Mexico has a specific statute of limitations, and it varies depending on whether the alleged offense is a misdemeanor, felony, or serious crime with no limit. Your attorney will carefully analyze the charges to determine the correct deadline and ensure the government cannot file after time has expired. This step is crucial to protecting your ability to challenge untimely prosecution.

Identify Any Tolling or Discovery Exceptions

Certain situations, such as the accused being out of state, a crime being concealed, or the delayed discovery of a financial crime, can pause or extend the statute of limitations. A defense lawyer ensures these exceptions are correctly applied, preventing the prosecution from taking unfair advantage of timing ambiguities. By understanding these nuances, your attorney can strengthen your case from the outset.

Challenge Improper or Late Filings

If charges are filed after the statute of limitations has expired, your attorney can file a motion to dismiss or challenge the validity of the prosecution. This can immediately eliminate the threat of prosecution or provide leverage in plea negotiations. Vigilant defense ensures that government procedural errors are not overlooked.

Advise During Investigations

During questioning or interviews, your attorney can guide you through interactions with law enforcement, helping you understand what to say and what not to say. Improper statements or admissions can be used against you in court, even if no charges have yet been filed. Early legal guidance helps protect your rights and prevents missteps that could jeopardize your defense.

Negotiate With Prosecutors When Appropriate

A criminal defense attorney can communicate directly with prosecutors to explore plea agreements or alternative resolutions while safeguarding your legal rights. Even during negotiation, your lawyer ensures that any deal does not compromise potential defenses or opportunities for dismissal. Skilled negotiation balances minimize penalties while preserving the strongest possible defense.

At Harrison & Hart, LLC, we take a proactive approach to protect your rights from the very beginning. From evaluating deadlines to challenging procedural errors and guiding interactions with law enforcement, we position your defense strategically to achieve the best possible outcome.

Facing Criminal Charges in New Mexico? Don’t Wait to Get Legal Help

Criminal cases move quickly, and prosecutors may begin investigations long before charges are filed. Acting early gives your defense team the time to analyze the statute of limitations, investigate the facts, and prepare motions to protect your rights.

Our attorneys represent clients in Albuquerque, Santa Fe, Las Cruces, and throughout New Mexico. We ensure that deadlines, procedural rules, and local court practices work in your favor.

Time Is Critical—Speak With a New Mexico Criminal Defense Lawyer Today

If you are facing criminal charges or under investigation, don’t wait until it’s too late. Contact Harrison & Hart, LLC today to schedule a confidential consultation. We will review your case, explain your legal options, and ensure that any statute of limitations or procedural protections are fully leveraged in your defense.

Call 505-295-3261 or contact us online to get started. Acting promptly can make a significant difference in the outcome of your case.

5 Signs You Could Be Under Federal Investigation

Many federal agencies are authorized to carry out investigations. If you think you may be under federal investigation, you should contact a federal defense attorney immediately.

Those agencies will collect evidence against you, and you need someone on your side to protect your rights and prevent federal charges or arrest. If you suspect you are being investigated, it’s critical to contact an experienced federal defense attorney.

Which Federal Agencies Conduct Investigations? 

Many federal agencies may conduct investigations. An informant may tip them off, or your actions may seem suspicious. Regardless of the reason for their investigation, you need to determine who they are and what they want.

Some of the agencies that have the authorization to perform formal investigations include:

• The Drug Enforcement Agency (DEA)
• The Internal Revenue Service (IRS)
• The Federal Bureau of Investigations (FBI)
• The United States Immigration and Customs Enforcement (ICE)
• The Secret Service (SS)
• The Bureau of Alcohol, Tobacco, Firearms, and Explosives (AFT)

Federal investigations generally arise because a government agency believes you have broken a federal law, you committed a crime on federal land, or your crime occurred across state lines.

What Happens During a Federal Investigation?

A federal investigation may begin when a report is made about a crime that has been committed. In some cases, federal charges are related to data obtained by a federal agency, such as the Central Intelligence Agency (CIA).

Upon receiving information about a federal crime, special agents will begin a federal investigation involving an organization or individual. They will gather evidence and conduct interviews with witnesses. Multiple federal agencies may be involved in a single case.

Federal agents work on a case that is assigned to a federal prosecutor. The prosecutor assists the agents in obtaining legal documents, such as subpoenas and search warrants. The prosecutor also files formal criminal charges.

Federal agents utilize various tools to gather information during their investigations and secure a federal indictment.

How Long Do Federal Investigations Take?

A federal investigation could be resolved quickly, or it could take years. The length of time depends on how long it takes agents to obtain the necessary information to support federal criminal charges.

5 Signs You Might Be Under Federal Investigation

You should be aware of some telltale signs that you are under federal investigation. This helps you determine when to contact a federal defense attorney to protect your interests.

1. You Receive a Target Letter

A federal prosecutor may issue a target letter asking for your cooperation in the case. It will ask you to speak with the investigators and provide information about a specific topic.

The letter may not state precisely what they want to know. You should never answer their questions without first consulting a federal criminal defense attorney for legal advice.

2. You Are Served a Subpoena

The court may order a subpoena to force you to testify in a case. They could also order one to obtain documents, such as business records or tax information. If you receive a federal subpoena, you should be aware of your Constitutional right against self-incrimination.

3. Your Friends or Family Are Questioned

Federal agents may begin questioning friends, family members, or business associates. If they ask about you or your organization, you may be the target of a federal investigation. You should inform your acquaintances not to answer questions and to contact a federal defense lawyer immediately.

4. Federal Agents Approach You

If federal agents have a significant amount of evidence against you, they might talk to you directly to get more information. They may knock on your door unexpectedly and ask to speak with you. You should never talk to federal agents without first seeking legal counsel.

5. A Search Warrant Has Been Issued

If a federal agent approaches you with a search warrant to look at your home, business, or other location, you should know that you are likely under investigation. The prosecutor must have enough probable cause to prove to a judge that you may have committed a crime to get a search warrant. You’ll need to allow the federal agents to execute a search warrant, but refrain from providing any additional information without your lawyer present.

What to Do if You’re Under Federal Investigation

If you suspect you are the target of a federal investigation, call an experienced federal criminal defense attorney immediately. Your lawyer can:

• Protect your Constitutional rights
• Be present during questioning
• Guide your response to subpoenas, search warrants, and requests for information
• Develop a strategy to defend against potential federal charges

Federal agents are trained to gather information and may use tactics to get you to speak. Always exercise your right to counsel before answering questions or providing documents.

Federal Criminal Defense Attorneys Offer Legal Protection

Facing a federal criminal investigation can be a complex and intimidating process. Instead of navigating the process alone, contact a federal defense lawyer who can evaluate your case, advise you on your rights, and help build a strong defense.

Contact Harrison & Hart, LLC today at (505) 295-3261, or use our online form to schedule a consultation with an experienced Albuquerque federal criminal defense attorney.

Street Crime vs. White-Collar Crime

You might think all crime is the same – involving guns, gangs, and violence. However, crime commonly depicted in media is usually what is called “street crime” or “blue collar crime.”

There is another type of crime called “white-collar crime.” These terms sound confusing, but they are very descriptive of the kinds of offenses involved in each.

Defining White Collar and Street Crimes

There are many similarities and differences between street crimes and white-collar crimes.

Street crime, also called blue-collar crime, often involves violent or physical offenses with clearly identifiable victims. Common examples include assault, robbery, and burglary.

White-collar crime is usually committed by business professionals, government officials, or others in positions of trust. These offenses are typically non-violent and involve financial or regulatory violations, such as fraud, embezzlement, or bribery. While victims may not be physically harmed, they can suffer significant monetary losses.

These illegal acts often appear to be general work activities for a white-collar criminal. Despite this, white-collar crimes do have victims. Those victims may be individuals, or the victim may be a business or the public in general.

Common Types of White-Collar Crime

White-collar crimes often cross state lines and may be federal offenses. They have significant penalties and consequences that can ruin the lives of those accused, regardless of whether they are ultimately convicted.

Some common types of white-collar crime include:

• Corporate fraud
• Money laundering
• Securities & commodities fraud
• Falsification of financial information
• Self-dealing by corporate insiders (insider trading)
• Mortgage and financial institution/bank fraud
• Intellectual property theft/piracy
• Bribery
• Embezzlement
• Forgery
• Health care fraud
• Identity theft
• Ponzi schemes
• Public corruption

Often, multiple law enforcement agencies are involved in investigating these crimes. These investigations can take years to complete because obtaining the necessary evidence for a federal indictment can be complicated.

Common Types of Street Crime

Street crimes are generally divided into offenses against persons and against property.

Crimes against persons include:

• Murder
• Manslaughter
• Assault
• Battery
• Sexual assault
• Rape
• Domestic violence
• Robbery

Crimes against property include:

• Burglary
• Motor vehicle theft
• Shoplifting
• Trespassing
• Vandalism
• Arson

Street crime may be charged in state or federal court. However, local law enforcement often begins the investigation, which may be transferred to federal agencies if criminal charges are initiated.

Public Perceptions of White-Collar vs. Street Crime

People generally think of these two categories of crime in different ways. There is a negative public perception of street crime, with very few excuses for such behavior. White-collar crime is not as negatively viewed, and the public may be more likely to excuse it for various reasons.

Perceptions of Street Criminals

The stereotypical street criminal may be thought of as an inherently “bad” individual who commits criminal acts purposefully to harm another person. One of the elements of most street crimes is that the criminal had the necessary “intent” to harm another person.

Additionally, the news media frequently cover and highlight street crime. Blue-collar crime is generally easier to understand and form an opinion about. The public usually has a disproportionate view of how prevalent street crime is compared to white-collar crime.

Perceptions of White-Collar Criminals

White-collar criminals are often motivated by financial gain and do not typically seek to harm others. The public may even applaud a white-collar criminal who “sticks it to the man” and defrauds a large company. The public’s perception of white-collar crime is not as negative as that of street crime.

In some cases, white-collar criminals are more affluent and have connections in the professional world. Their behavior may be overlooked or ignored in some circles. Although a federal indictment will bring their criminal activity to light, the public may not understand precisely what happened or who has been harmed.

Prosecution and Punishment 

Although street crime and white-collar crime are different, they are prosecuted and punished similarly. Both types of crime typically begin with an investigation by law enforcement and result in charges being brought against an individual. You have a right to practical legal assistance no matter what crime you have been charged with.

Street crime is typically prosecuted in state courts, and penalties include imprisonment and fines. White—collar crime is more often seen in federal courts. Penalties may also include prison time, but fines are usually much higher for white-collar crimes. For example, a conviction for insider trading can result in a fine of up to $5 million.

Instead of prison, white-collar crimes may result in home detention, community confinement, and supervised release. Since these crimes are not violent, defendants may have more options for punishment.

Contact a New Mexico Criminal Defense Attorney 

You need a criminal defense lawyer if you or a loved one has been charged with a street or white-collar crime. Both categories of offenses result in severe penalties that can affect your entire life.

You need to contact someone with experience in crimes like yours and who is familiar with relevant laws.

Harrison & Hart, LLC has helped clients with all types of crimes. Call us today at (505) 295-3261 or use our online contact form to reach out.

How Do I Get Out of a Subpoena?

If you’ve been served a subpoena to testify in court, there are many reasons you might want to avoid it. Testifying in state or federal court does present risks, and you should avoid the chance of adverse consequences if possible.

However, you cannot just ignore the subpoena. If you do, you might face charges for contempt of court, a federal criminal offense. A knowledgeable criminal defense lawyer could help you get out of a subpoena.

What Is a Subpoena?

A subpoena is a legal document issued by a court order that requires the person named in it to take action. The term “subpoena” literally means “under penalty.” Failure to comply with a federal subpoena can lead to severe consequences, including incarceration and fines.

A subpoena generally requires a person to appear in court or at a legal proceeding. A person who is the subject of a subpoena must provide testimony about topics relevant to a specific case. You may also be issued a command to bring particular documents or evidence.

Protecting Your Interests after You’re Served

While you may want to protect yourself, you cannot ignore a subpoena.

However, you can still protect your interests if you’re served. There may be a legal reason that would allow you to avoid testifying or providing documents. A motion to quash the subpoena may get you out of testifying.

Self-Incrimination

You have a constitutional right against self-incrimination. The court cannot force you to answer questions that might implicate you in a crime.

For example, if the subpoena wants you to testify about an incident that you were part of that may be considered illegal, you cannot be forced to testify about your involvement.

Privilege

You may not have to reveal confidential information about a client, patient, or spouse if you have the legal privilege. For example, if a subpoena requests medical records and testimony about what a patient said to you, you may avoid it if the patient has not permitted you to talk about that topic.

While the court may still order you to comply with the subpoena, you have options to avoid it to prevent yourself from violating professional ethics codes and obligations.

Scheduling Conflicts

Your interests may be in other personal or professional activities scheduled at the same date or time listed in the subpoena. You can contact the party that issued the subpoena or the judge and try to reschedule.

If they don’t cooperate, you may need to contact your attorney or seek the court’s assistance. Any communication about rescheduling should be documented in writing to protect yourself.

Can You Avoid a Subpoena?

There are ways you can get out of a subpoena. The grounds for challenging a subpoena include three categories: (1) service issues; (2) jurisdictional issues; and (3) scope issues.

Service Issues

A federal subpoena must be served appropriately. However, many federal agencies have adopted rules that allow a party to serve a subpoena in nearly any way possible, provided it is valid.

For example, the U.S. Securities and Exchange Commission (SEC) allows the service of a subpoena by mail, in person, to an office or residence, by fax, or to legal counsel.

Judicial subpoenas for court hearings are generally more limited in scope. For example, in most federal court jurisdictions, civil and criminal cases require in-person service of a subpoena. This is also true in most state cases.

If your subpoena was not properly served, you may not have to appear for it.

Jurisdictional Issues

If a court does not have jurisdiction over the matter in the subpoena or the person named in the document, then the subpoena may also be invalid.

A jurisdictional issue may offer you temporary relief from testifying or presenting documents; however, it is not likely to completely get you out of a subpoena. The agency or party will not likely give up on obtaining the information.

Scope Issues

If there are substantive issues with the subpoena itself, then you may challenge the scope of the information being sought. You must make assertive grounds for challenging the scope of a subpoena, which may include the following:

• Topic is overly broad
• Insufficient details about the information requested
• Undue burden on the person named
• Privileged information

Moving to Quash or Modify the Subpoena

If you want to challenge a subpoena, your attorney must file a motion to quash or modify the subpoena. A motion to suppress will attempt to exclude the testimony completely. Modifying the subpoena may allow you to protect your interests by limiting what you are required to say and present at the hearing.

Ignoring a Subpoena Can Bring Serious Penalties

Do not ever completely ignore a subpoena. If you do not show up at the date and time listed on the subpoena, the court may issue an order to appear. If you fail to appear, the court may issue a contempt order. In federal cases, contempt of court is a criminal offense that can result in fines and imprisonment.

How a Lawyer Can Help You Get Out of a Subpoena

Facing a subpoena can be stressful, but an experienced attorney can protect your rights and help you avoid providing unwanted testimony or producing documents.

A lawyer can:

• Review the subpoena: Check for errors, jurisdiction issues, or overly broad requests.
• File a motion to quash or modify: Ask the court to cancel or limit the subpoena legally.
• Protect privileges: Assert attorney-client, medical, or other legal privileges that may apply.
• Negotiate scheduling or deadlines: Adjust appearance dates or document production timelines if needed.
• Prepare your response: Guide you on what to say or provide to minimize risk.
• Prevent penalties: Ensure compliance or appropriately challenge the subpoena to avoid fines or contempt charges.

Working with a lawyer provides peace of mind and ensures that your rights are fully protected throughout the process.

Need Help Responding to a Subpoena? Call a Lawyer

If you receive a subpoena, you should immediately contact a lawyer to help you determine the best course of action going forward. We will carefully review the details of your situation and give you some legal advice on the best course of action.

If you wish to avoid testifying or presenting documents, we can help you in filing a motion to quash.

Call Harrison & Hart, LLC at (505) 295-3261 or contact us online to schedule a consultation.

What Happens After a Federal Indictment in New Mexico?

When someone is federally indicted, it means a grand jury has formally charged them with committing a federal crime. Unlike state prosecutions, which involve violations of New Mexico law, federal indictments come from alleged violations of U.S. law, and the process is often more complex, high-stakes, and far-reaching.

Facing a federal indictment can be intimidating. Understanding what happens next can help you make informed decisions and protect your rights throughout the process.

What Is a Federal Indictment?

A federal indictment is a formal written accusation issued by a grand jury, a group of citizens convened by a federal court. Prosecutors must present evidence showing probable cause that a crime occurred and that the accused person committed it. If the grand jury agrees, it issues an indictment, officially charging the person and triggering the next phase of the criminal process.

In New Mexico, federal indictments are typically filed in the U.S. District Court for the District of New Mexico, which has courthouses in Albuquerque, Las Cruces, and Santa Fe.

What Happens After a Federal Indictment Is Filed?

Once a federal indictment is issued, the case formally enters the federal court system. Several important steps follow, each with its own deadlines, procedures, and strategic considerations.

1. Arrest or Summons

After the indictment, a warrant or summons is issued for the defendant. In some cases, federal agents may make an arrest; in others, the individual may be allowed to surrender voluntarily. Because federal agencies like the FBI, DEA, or IRS may be involved, the arrest process is typically well-coordinated and documented.

2. Initial Appearance and Bail Hearing

The defendant must appear before a federal magistrate judge, usually within 24–48 hours of arrest. During this initial appearance, the judge will:

• Inform the defendant of the charges.
• Advise them of their right to counsel.
• Determine conditions of release or set bail.

In federal cases, pretrial detention is common, especially in cases involving violent crimes, drug trafficking, or national security concerns. However, an experienced attorney can argue for release based on factors like community ties, lack of flight risk, and employment history.

3. Arraignment and Plea

At the arraignment, the defendant formally enters a plea, typically “not guilty.” This step officially starts the litigation process and triggers discovery, pretrial motions, and negotiations between the prosecution and defense.

4. Discovery Phase

During discovery, both sides exchange evidence. The prosecution must provide access to documents, witness statements, surveillance records, and other materials they intend to use at trial. Your defense attorney can file motions to suppress evidence obtained unlawfully or to compel additional disclosure if the government withholds key information.

Discovery in federal cases can be extensive, especially when agencies like the FBI, DEA, or IRS Criminal Investigation Division have been investigating for months or years before charges are filed.

5. Plea Negotiations and Pretrial Motions

Most federal cases are resolved before trial. During this phase, your attorney may:

• Negotiate with prosecutors for reduced charges or sentencing recommendations.
• File pretrial motions to dismiss counts, exclude evidence, or challenge the legality of the indictment.
• Argue that constitutional violations, such as illegal searches or coerced confessions, justify suppressing evidence.

The case proceeds to trial if a favorable plea deal cannot be reached.

6. Trial

At a federal criminal trial, prosecutors must prove guilt beyond a reasonable doubt. The trial follows these key stages:

1. Jury selection
2. Opening statements
3. Presentation of evidence and witnesses
4. Cross-examination by the defense
5. Closing arguments and jury deliberation

Strict procedural rules and evidentiary standards govern federal trials. A seasoned defense attorney will challenge every element of the prosecution’s case and protect your rights throughout the process.

7. Sentencing

If convicted, sentencing is determined by the Federal Sentencing Guidelines, a complex set of rules that assign offense levels and criminal history categories to calculate a sentencing range. Judges may also consider aggravating or mitigating factors, victim impact statements, and recommendations from the U.S. Probation Office.

Penalties can include:

• Federal prison time
• Supervised release
• Heavy fines or restitution
• Asset forfeiture

However, strong advocacy during sentencing can make a significant difference in the outcome. 

8. Appeals and Post-Conviction Relief

After sentencing, defendants have the right to appeal the conviction or sentence. Appeals are typically heard by the Tenth Circuit Court of Appeals, which covers New Mexico. In some cases, defendants may also pursue post-conviction relief, such as a motion to vacate or reduce a sentence.

Which Federal Agencies Are Involved in New Mexico Investigations?

Multiple federal agencies often collaborate to investigate crimes before an indictment is filed. These investigations are typically coordinated through the U.S. Attorney’s Office for the District of New Mexico. They may involve months or years of surveillance, financial audits, and electronic monitoring before charges are announced.

Because New Mexico borders Mexico and contains major interstate corridors, such as I-10 and I-40, it’s a hub for cross-border and interstate investigations. The most active federal agencies in these cases include:

Federal Bureau of Investigation (FBI)

The FBI handles federal offenses in New Mexico, from terrorism and public corruption to organized crime and large-scale fraud. The Albuquerque FBI Field Office oversees satellite offices in Santa Fe and Las Cruces and often leads joint task forces with local law enforcement.

Drug Enforcement Administration (DEA)

Given New Mexico’s proximity to the southern border, the DEA plays a central role in fighting drug trafficking, distribution networks, and cartel-related activity. Agents often focus on dismantling large-scale drug operations that move narcotics through New Mexico into other states.

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

The ATF enforces federal laws involving firearms, explosives, and arson. In New Mexico, the ATF often investigates illegal weapons trafficking, unlawful possession of firearms by prohibited individuals, and explosives offenses related to criminal organizations or insurance fraud.

Internal Revenue Service – Criminal Investigation Division (IRS-CI)

The IRS Criminal Investigation Division (IRS-CI) focuses on financial crimes like tax evasion, money laundering, and fraudulent financial reporting. In federal cases, IRS-CI agents often collaborate with the FBI and the Department of Justice’s Tax Division to trace illicit funds or uncover schemes that conceal taxable income.

Homeland Security Investigations (HSI)

As the investigative arm of U.S. Immigration and Customs Enforcement (ICE), HSI handles a wide range of cross-border and national security-related offenses. In New Mexico, that often includes human trafficking, child exploitation, immigration fraud, and illegal export of weapons or technology.

These agencies often work collaboratively with local law enforcement, the New Mexico State Police, and U.S. Attorneys to build federal cases that span multiple jurisdictions. Coordination through federal task forces, such as the Organized Crime Drug Enforcement Task Forces (OCDETF) or Joint Terrorism Task Forces (JTTF), allows investigators to share intelligence and pursue complex prosecutions efficiently.

The Role of the U.S. Attorney’s Office in New Mexico

The U.S. Attorney’s Office for the District of New Mexico handles all federal prosecutions in the state. The office is headquartered in Albuquerque and has branch offices in Las Cruces and Santa Fe. It represents the federal government in criminal and civil matters and is responsible for enforcing U.S. law across the state.

Assistant U.S. Attorneys (AUSAs)

Assistant U.S. Attorneys, or AUSAs, lead prosecuting federal criminal cases. They decide:

• Whether to present a case to a grand jury for indictment.
• Whether to negotiate plea agreements with the defense.
• Whether to proceed to trial before a federal judge or jury.

Each AUSA typically focuses on specific cases, for example, narcotics enforcement, white-collar crime, or violent offenses, allowing them to develop specialized expertise.

How Federal Prosecutors Build a Case

The U.S. Attorney’s Office works closely with investigative agencies like the FBI, DEA, ATF, and HSI during every investigation stage. By the time an indictment is filed, prosecutors usually have:

• Months or years of evidence, including surveillance, phone records, and financial data.
• Testimony from cooperating witnesses or confidential informants.
• Expert analysis from forensic accountants, lab analysts, and law enforcement specialists.

Federal prosecutors have significant resources, including support from the Department of Justice (DOJ) and access to national intelligence databases, which is why a strong, early defense strategy is critical. 

Why Local Experience Matters

While federal law is consistent across the country, every district has its own judges, procedures, and prosecutorial priorities. The District of New Mexico, for instance, often prioritizes border-related crimes, organized trafficking cases, and public corruption.

An attorney familiar with local court practices and the strategies of New Mexico’s federal prosecutors can provide a distinct advantage in negotiating plea deals, filing motions, or preparing for trial.

Facing a Federal Indictment in New Mexico? Don’t Wait to Get Legal Help

Federal criminal cases move quickly, and the government’s investigation is often far along when an indictment is issued. You should assume that federal agents have already collected extensive evidence, interviewed witnesses, and secured electronic or financial records. Acting early gives your defense team more time to challenge that evidence and protect your rights.

At Harrison & Hart, LLC, we have extensive experience defending clients in federal courtrooms across New Mexico, including Albuquerque, Las Cruces, and Santa Fe. Our attorneys know how federal agencies operate, how prosecutors build their cases, and how to identify procedural or constitutional weaknesses that can lead to dismissals or reduced charges.

Your Federal Defense Starts Here. Call Harrison & Hart Today.

Don’t face it alone if you’ve been indicted or believe you are under federal investigation. Harrison & Hart, LLC provides skilled, strategic defense for clients facing federal prosecution in Albuquerque, Las Cruces, Santa Fe, and throughout New Mexico.

Call 505-295-3261 or contact us online to schedule a confidential consultation. The sooner you get experienced federal defense counsel on your side, the better your chances of protecting your future.

What Happens at a Federal Detention Hearing?

If you have been charged with a federal crime, you will face two immediate hearings before a judge. The first will be your arraignment, which involves the government reading official charges against you.

Then, if the U.S. Attorney wants you detained instead of released, a federal detention hearing will be scheduled within three to five days. Knowing what to expect can reduce your anxiety about the hearing.

What to Expect at a Federal Detention Hearing

When you are initially arrested for a federal crime, you will be taken to jail. You must remain in jail until the U.S. Attorney agrees to your release or you challenge your incarceration at a federal detention hearing.

When Is the Federal Detention Hearing?

You are entitled to a federal detention hearing within three business days of your arraignment. That means you could be out within the same week if your arraignment occurs on a Monday or Tuesday. However, if your arraignment is towards the end of a week, you may have to sit in jail over the weekend.

The Government Will Argue to Keep You in Jail

At the federal detention hearing, the government will argue that you should remain in custody until your case is resolved. They must present evidence that there is probable cause to believe you committed a federal crime. They must also show that if you were released, you would be a danger to the community or you are a flight risk.

Your Attorney Can Fight to Get You Released

Your federal defense lawyer has an opportunity to dispute those claims. Your best arguments at this juncture are that you are not dangerous and have no reason to leave the court’s jurisdiction.

The judge decides whether you can be released or held in custody until your trial.

Influencing Factors on the Outcome of Your Hearing

A federal judge considers many factors when deciding whether to keep you in jail or release you, including:

• Your criminal history
• The nature of your charges (e.g., if you are accused of being violent)
• The weight of the evidence against you
• The U.S. Attorney’s recommendation to detain or release you
• Your character, health, and history
• Ties to local family and the community
• Your financial resources
• Prior failure to appear in court
• Whether you are a threat to the community
• Your immigration status

These factors also determine the terms of your release if you can leave while your case is pending.

What Happens after a Federal Detention Hearing?

Upon completion of the federal defense hearing, you may be held pending trial or released on recognizance (ROR) with conditions of release.

You May Be Held in Jail Until Your Trial

You will not be released if the judge determines there are no conditions of release that will assure you will return to court proceedings or you pose a danger to society. You may be held without bail until your case is resolved.

You May Be Released

However, if the federal judge decides you are eligible for release, they may release you on personal recognizance. That means with the execution of an unsecured appearance bond. They may also release you to a third-party custodian, often a friend or family member responsible for you returning to court.

Conditions of your release might include:

• You must report to a probation officer periodically and upon request
• You must report any additional criminal activity (including traffic violations)
• You must surrender your passport
• You cannot leave the county, state, or court’s jurisdiction
• You must attend school or work full time
• You must consent to drug and alcohol testing
• You must wear a tracking monitor

A Federal Defense Attorney Helps During Your Detention Hearing

If you have an approaching federal detention hearing, you must hire a lawyer who understands how to get you out of jail. The federal defense attorneys at Harrison & Hart, LLC have extensive experience representing clients at all stages of cases. We will attend your detention hearing with you and fight to get you released.

Call us today at (505) 295-3261 or contact us online to schedule a 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?

Federal 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.

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.