Case Results

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

In 2023, the U.S. Sentencing Commission made significant changes to the federal sentencing guidelines that can reduce the guideline ranges for certain federal defendants. These changes, known as Amendment 821, address how criminal history is calculated and provide a potential path to reduced sentences for some people who are already incarcerated.

Amendment 821 took effect on November 1, 2023. Certain portions of the amendment were also made retroactive, allowing eligible people previously sentenced to seek a reduction in their federal sentences.

If you or a loved one is serving a federal prison sentence, it is important to understand how Amendment 821 works and whether it could affect the sentence. The rules are specific, and not everyone will qualify for a reduction.

What Is Amendment 821?

Amendment 821 changed certain provisions of the federal sentencing guidelines related to criminal history. The amendment has two primary components:

• Part A: Changes how “status points” are calculated for certain defendants who committed their offense while under a criminal justice sentence.
• Part B: Creates a two-level offense-level reduction for certain defendants with zero criminal history points.

The changes can lower the federal sentencing guideline range for some defendants. However, eligibility depends on the specific circumstances of the case and the defendant’s criminal history.

How Did Amendment 821 Change Federal Sentencing Guidelines?

Before Amendment 821, defendants could receive two additional criminal history points if they committed their offense while serving a criminal justice sentence, such as probation, parole, supervised release, or imprisonment.

Amendment 821 changed how these status points are applied. Under the amended guidelines, defendants with six or fewer criminal history points generally no longer receive status points. Defendants with seven or more criminal history points may receive one status point instead of two.

This change can result in a lower criminal history score and, in some cases, a lower federal sentencing guideline range.

What Are Status Points?

Status points are additional criminal history points that may be assigned when a person commits an offense while under certain forms of criminal justice supervision, such as probation, parole, supervised release, or imprisonment.

Amendment 821 limited the impact of these points by eliminating them for defendants with six or fewer criminal history points and reducing them from two points to one for defendants who meet the new requirements. For some defendants, this change can make a significant difference in the applicable sentencing range.

What Is the Zero-Point Offender Reduction?

Amendment 821 also created a new guideline, Section 4C1.1, for certain zero-point offenders. A zero-point offender is someone who did not receive any criminal history points under Chapter Four, Part A of the federal sentencing guidelines. For eligible defendants, Section 4C1.1 provides a two-level reduction in the offense level.

This does not mean that every person with no prior criminal history automatically qualifies. The defendant must meet additional requirements.

Who Qualifies as a Zero-Point Offender?

To receive the two-level reduction under Section 4C1.1, a defendant must meet specific criteria. Among other requirements, the defendant must:

• Have received no criminal history points under Chapter Four, Part A.
• Not have received an adjustment for terrorism.
• Not have used violence or credible threats of violence in connection with the offense.
• Not have committed an offense that resulted in death or serious bodily injury.
• Not have been convicted of a qualifying sex offense.
• Not have personally caused substantial financial hardship.
• Not have possessed, received, purchased, transported, transferred, sold, or otherwise disposed of a firearm or other dangerous weapon in connection with the offense.

The complete eligibility requirements should be reviewed before assuming that a defendant qualifies for a sentence reduction.

Can Amendment 821 Reduce an Existing Federal Sentence?

Yes. Certain portions of Amendment 821 were made retroactive, meaning eligible people already serving federal sentences could seek reductions under the amended guidelines.

The Sentencing Commission authorized retroactive application of Part A and Part B, Subpart 1 of Amendment 821. Courts can consider eligible sentence-reduction requests under 18 U.S.C. § 3582(c)(2).

The retroactive provisions became effective February 1, 2024. The Commission delayed the effective date of sentence reductions to give courts, the Bureau of Prisons, attorneys, and others time to review cases and prepare for the reentry of people whose sentences were reduced.

However, retroactive application does not guarantee that a person’s sentence will be reduced. The defendant must first qualify under the applicable amendment, and the court must decide whether a reduction is appropriate.

How Much Could a Federal Sentence Be Reduced?

The potential reduction depends on which part of Amendment 821 applies and how the amended guideline range affects the individual case. For zero-point offenders who qualify under Section 4C1.1, the amendment provides a two-level reduction in the offense level.

Part A can also lower the guideline range for defendants who previously received status points. The Sentencing Commission estimated that 11,495 incarcerated individuals could have a lower sentencing range under the status-point changes, with an average potential sentence reduction of 11.7%.

It is estimated that another 7,272 incarcerated individuals could qualify for a lower sentencing range as zero-point offenders, with an average potential reduction of 17.6%.

These figures are estimates, not guarantees. The effect of Amendment 821 on an individual sentence depends on the defendant’s guideline calculation and the specific facts of the case.

How Do You Apply for a Federal Sentence Reduction?

If you believe you or a loved one may qualify for a sentence reduction under Amendment 821, an attorney can review the original sentencing calculation and determine whether the amended guidelines apply.

A federal sentence reduction generally requires more than simply showing that a person meets one of the amendment’s criteria. The attorney may need to review:

• The original judgment and sentencing documents
• The Presentence Investigation Report
• The defendant’s criminal history calculation
• The original sentencing guideline range
• The offense conduct
• Whether status points were applied
• Whether the defendant qualifies as a zero-point offender
• Whether any of the amendment’s exclusionary criteria apply
• The defendant’s current sentence and time remaining

Because these cases involve federal sentencing rules, it is important to have an attorney who understands the federal sentencing guidelines and the requirements for seeking a sentence reduction.

Does Everyone Qualify for a Sentence Reduction Under Amendment 821?

No. Amendment 821 does not automatically reduce every federal sentence. Part A applies to certain defendants who previously received status points, while Part B, Subpart 1, applies only to zero-point offenders who meet additional requirements. The Sentencing Commission also explains that the eligibility rules differ between the two parts of the amendment.

Even when a defendant is eligible for consideration, the court must determine whether a reduction is appropriate under the applicable federal sentencing law. An attorney can review the sentencing record and determine whether seeking a reduction makes sense in a particular case.

Get Help With a Federal Sentence Reduction

If you or a loved one is serving a federal prison sentence, Amendment 821 may provide an opportunity to seek a reduced sentence. Determining whether the amendment applies requires a careful review of the defendant’s criminal history, the sentencing guideline calculation, the offense, and the current sentence.

The attorneys at Harrison & Hart, LLC can review your case and help you understand whether you may qualify for a federal sentence reduction under Amendment 821.

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

You Have Received A Federal Target Letter, Now What?

Receiving a federal target letter can be intimidating. If the federal government has notified you that you are the target of a criminal investigation, you may not know what the letter means, whether you will be charged with a federal crime, or what you should do next.

A federal target letter is a serious matter. It generally means federal prosecutors believe there is substantial evidence connecting you to a federal criminal offense and that you are a target of a grand jury investigation.

If you receive a target letter, you should speak with a federal criminal defense attorney before contacting federal prosecutors or providing information about the investigation. An attorney can review the letter, explain your options, and help protect your rights throughout the investigation.

What Is a Federal Target Letter?

A federal target letter is a formal notification from federal prosecutors informing you that you are a target of a federal grand jury investigation.

The term “target” has a specific meaning in federal criminal investigations. The U.S. Department of Justice generally uses it to describe a person as to whom the prosecutor or grand jury has substantial evidence linking that person to the commission of a crime.

A target letter may identify the general nature of the investigation and the federal offenses prosecutors are investigating. It may also ask you to contact the prosecutor or appear for an interview.

Receiving a federal target letter does not mean you have already been charged with a crime. A federal grand jury must generally return an indictment before the government can proceed with many federal felony prosecutions.

However, a target letter should never be ignored. It means the federal government is seriously investigating potential criminal conduct.

Why Do Federal Prosecutors Send Target Letters?

Federal prosecutors may send a target letter when they believe a person may have committed a federal offense and the investigation has reached a stage where the government is considering seeking an indictment.

A target letter can serve several purposes. It may:

• Notify you that you are a target of a federal investigation
• Identify the general subject of the investigation
• Ask you to contact the prosecutor
• Invite you to participate in an interview
• Provide information about a grand jury investigation
• Give you an opportunity to retain an attorney before further investigative steps are taken

A target letter may also provide an opportunity for a person to cooperate with the government. Depending on the circumstances, an attorney may be able to discuss potential cooperation with prosecutors or negotiate an agreement that could affect how the investigation proceeds.

The appropriate strategy depends on the facts of the investigation. You should not assume that cooperating with federal prosecutors is always the best option.

Does a Federal Target Letter Mean You Will Be Indicted?

No. Receiving a federal target letter does not guarantee that you will be indicted.

The purpose of a federal grand jury is to determine whether there is probable cause to believe a federal crime was committed and whether an indictment should be returned. Prosecutors may ultimately decide not to seek an indictment, or the grand jury may not return one.

However, being identified as a target means you are facing significant scrutiny from federal investigators.

Your attorney may be able to take steps during the investigation to protect your interests. Depending on the circumstances, those steps could include communicating with prosecutors, providing information, negotiating cooperation, challenging the government’s evidence, or attempting to resolve the investigation before an indictment is issued.

What Is the Difference Between a Target, Subject, and Witness?

Federal prosecutors may classify people involved in an investigation as targets, subjects, or witnesses.

• A target is generally someone prosecutors believe has substantial evidence linking them to a federal crime.
• A subject is generally someone whose conduct falls within the scope of the investigation but who is not considered a target.
• A witness is generally someone who has information about the investigation but is not considered to be involved in the criminal conduct under investigation.

These classifications can change as an investigation develops. If you have received a federal target letter, an attorney can help you understand what your classification means and what options may be available.

What Types of Crimes Can Lead to a Federal Target Letter?

A federal target letter can be issued in almost any federal criminal investigation.

Federal prosecutors frequently investigate complex cases involving financial transactions, businesses, government programs, and conduct that crosses state or international borders. As a result, target letters are sometimes associated with white-collar crimes, although they are not limited to those offenses.

Examples of federal crimes that could result in a target letter include:

• Fraud
• Wire fraud
• Mail fraud
• Embezzlement
• Money laundering
• Bribery
• Insider trading
• Tax crimes
• Securities violations
• Healthcare fraud
• Federal drug offenses
• Federal firearms offenses
• Conspiracy

The government may also investigate conduct involving the concealment of financial crimes or attempts to interfere with federal regulatory agencies.

What Should You Do If You Receive a Federal Target Letter?

If you receive a federal target letter, one of the most important things you can do is contact a federal criminal defense attorney before responding to the government.

Do not assume that you need to immediately contact the prosecutor, agree to an interview, or provide documents or other information on your own. Instead:

Read the Letter Carefully

Review the target letter and make note of any deadlines, instructions, allegations, or requests. Keep the original letter and any documents that came with it.

Contact a Federal Criminal Defense Attorney

An attorney can review the letter and help you understand what the federal government is investigating. Your attorney can also communicate with prosecutors on your behalf.

Do Not Destroy or Alter Evidence

Do not delete, destroy, conceal, or alter documents, electronic communications, financial records, or other information that could be relevant to the investigation. Doing so could create additional criminal or legal problems. Preserve potentially relevant evidence and discuss it with your attorney.

Do Not Contact Prosecutors on Your Own

You may be tempted to contact the prosecutor to explain your side of the story. This can be risky. Statements made during a federal investigation can be used by prosecutors as evidence. Your attorney can determine whether communicating with the government is appropriate and, if so, how that communication should occur.

Do Not Discuss the Investigation With Others

Be careful about discussing the investigation with coworkers, business partners, potential witnesses, or others who may be involved. Your attorney can advise you about how to handle communications while the investigation is ongoing.

Can a Federal Criminal Defense Attorney Help Avoid an Indictment?

In some cases, an attorney may be able to take action before a federal grand jury returns an indictment. There is no guarantee that an indictment can be avoided, but early legal representation gives your attorney an opportunity to understand the investigation and evaluate possible strategies.

Depending on the circumstances, your attorney may communicate with federal prosecutors, provide information that addresses the government’s concerns, negotiate cooperation, or pursue another resolution before charges are filed. The earlier you involve an attorney, the more opportunity there may be to evaluate your options.

What Happens After You Receive a Federal Target Letter?

There is no single process that follows every target letter. The next steps depend on the investigation and the government’s objectives.

You may be asked to participate in an interview with federal prosecutors or investigators. You may receive a subpoena for documents or testimony. The government may continue its investigation without contacting you again. In some cases, prosecutors may ultimately seek an indictment.

Your attorney can help you understand what is likely to happen based on the specific language of your target letter and the circumstances of the investigation.

Get Help With a Federal Target Letter

A federal target letter is a serious indication that federal prosecutors are investigating you for potential criminal conduct. While receiving one does not mean you will automatically be indicted or convicted, you should take the situation seriously and protect your rights from the beginning.

The federal criminal defense attorneys at Harrison & Hart, LLC can review your target letter, explain what it means, and help you determine how to respond. Our attorneys can communicate with federal prosecutors and develop a strategy based on the circumstances of your investigation.

If you have received a federal target letter, call Harrison & Hart, LLC at (505) 295-3261 or contact us online to schedule a consultation.

How Long Is a Federal Sentence for Money Laundering?

Money laundering is a federal white-collar crime that can result in significant penalties, including decades in prison. The Money Laundering Control Act of 1986 establishes details of this crime and the consequences that defendants may face for violating the law. Under federal law, you could face up to 20 years in prison and hefty fines.

If you are under investigation or facing charges in Albuquerque or anywhere in New Mexico, these cases are prosecuted aggressively in federal court and require an immediate legal response.

What Is Money Laundering?

Money laundering occurs when an individual disguises the source, amount, or destination of money obtained illegally. This often happens through bank transfers and interactions with legitimate businesses. Funds are usually obtained through embezzlement, fraud, drug trafficking, or other unlawful activities. In federal cases, prosecutors must typically prove that the defendant knew the funds were derived from unlawful activity and took steps to conceal or disguise them.

Money laundering is often associated with other crimes, such as racketeering, tax evasion, credit card fraud, cryptocurrency crimes, and white-collar crimes, which may be added or lesser-included charges. It is also frequently prosecuted under federal statutes such as 18 U.S.C. §§ 1956 and 1957.

Domestic Money Laundering

Domestic money laundering is often associated with false organizational operations. An individual may form a business and transfer money between domestic bank accounts. The more money is transferred, the harder it is to track. To avoid money laundering charges, it’s important to carefully track every penny in personal and business accounts.

Common domestic schemes may also include “structuring” or “smurfing,” in which transactions are split into smaller amounts to avoid financial reporting requirements.

International Money Laundering

Many money laundering activities take place between domestic and international bank accounts. International bank accounts are more difficult to track. This makes it easier for an individual to hide the source, amount, and destination of money. International money laundering may result in criminal charges in multiple countries. These cases often involve cross-border financial investigations involving federal agencies such as the FBI and IRS Criminal Investigation Division.

Undercover “Sting” Laundering Operations

If the government suspects money laundering is occurring, it may set up an undercover “sting” operation. A sting operation creates a situation in which an individual may engage in money laundering that they would not otherwise. Sting operations are often considered “entrapment,” in which police persuade an individual to commit illegal activity.

However, entrapment is a legal defense that requires showing you were induced to commit a crime and were not otherwise predisposed to engage in illegal conduct.

Federal Sentencing for Money Laundering

There is no mandatory minimum sentence for federal money laundering charges. However, the penalties can be severe. The government views money laundering very harshly.

A money laundering conviction could result in up to 20 years in federal prison. Additionally, you will likely face a fine of up to $500,000 or twice the value of the property involved in the laundering, whichever is greater. In addition to incarceration and fines, convictions may also result in asset forfeiture and long-term financial consequences.

Money laundering convictions are often combined with other charges, such as racketeering. By combining the offenses, you may face even stricter penalties. Sentences are typically calculated under the U.S. Sentencing Guidelines, which consider the amount of money involved and the nature of the alleged conduct.

Sentencing Factors

Although the maximum penalty for money laundering is significant, it is unlikely that a person will receive the harshest consequences unless aggravating factors are present. If you are a first-time offender, your criminal defense lawyer can present mitigating factors to lessen your sentence.

Some mitigating factors that may make your sentence less harsh include:

• This is your first criminal offense
• You can quickly pay all fines and restitution
• You opt for alternative punishments like community service
• You weren’t aware of the circumstances surrounding the crime
• You didn’t know the source of the money
• Extent you worked with or assisted law enforcement
• Lack of knowledge of specific facts
• Whether you take a plea bargain or go to trial

Federal judges also consider acceptance of responsibility, cooperation with investigators, and the strength of the government’s evidence when determining sentencing outcomes.

Aggravating factors can also increase your sentence, up to the maximum term of imprisonment. Those aggravating factors include:

• The extent to which you were involved in the crime
• Knowledge of what took place
• Involvement of other individuals in the crime
• Length of time the activities occurred

Use of sophisticated financial transactions or concealment methods.

Defending Against Money Laundering Charges

Your money laundering defense attorney can attack the allegations against you in many ways. Some common defenses and strategies used include:

• There was no underlying criminal conduct
• You did not have the requisite intent to commit the crime
• You did not know that the money was from an illegal source
• There was an illegal search and seizure
• You were not read Miranda rights
• You were not provided with legal counsel when requested

In federal money laundering cases, defense strategies often focus on intent, knowledge, and whether the government can trace funds to a qualifying unlawful activity.

Any illegally obtained evidence, including your own statements, may be excluded from the case. If the judge grants a motion to exclude evidence, the prosecution may not have enough information to sustain charges against you, and your case may be dismissed. These motions are often critical in federal white-collar defense cases where financial evidence is complex or improperly obtained.

A Criminal Defense Lawyer Can Help

Money laundering charges carry severe penalties that can seriously affect your personal and professional life. You need to work with a white-collar crime lawyer who can protect your legal rights and reputation.

Call Harrison & Hart, LLC today at (505) 295-3261 or contact us online to schedule a consultation. If you are facing federal money laundering allegations in Albuquerque or anywhere in New Mexico, early intervention from a defense attorney can make a significant difference in the outcome of your case.

What Is a Drug Conspiracy Charge?

Drug conspiracy includes an array of drug-related activities. Federal charges result in decades in prison, significant fines, and other severe penalties. You should avoid these charges at all costs. If you are under investigation or have been charged with federal drug conspiracy in New Mexico, including Albuquerque, your case will likely be prosecuted in federal court and require immediate legal representation.

Types of Drug Conspiracy Charges

Federal drug conspiracy is a crime that may or may not actually involve handling drugs. The government must simply prove that:

• There was an agreement between two or more people to break a federal drug law
• You knew about the conspiracy and knowingly joined it

You don’t need to have completed the criminal offense to be convicted of drug conspiracy. You must have had the intent to commit the crime. Under federal law, conspiracy is charged under 21 U.S.C. § 846, which allows prosecutors to pursue charges even if the underlying drug offense was never completed.

Federal prosecutors often rely on circumstantial evidence, such as communications, financial activity, or association with alleged co-conspirators, to build these cases.

Manufacturing a Controlled Substance

One of the most common federal drug conspiracy offenses involves manufacturing a controlled substance. This may include growing, processing, extracting, or producing illegal drugs. In federal cases, manufacturing allegations may involve large-scale operations such as methamphetamine labs or coordinated cultivation of controlled substances.

Distributing a Controlled Substance

Planning (or conspiring) to deliver illegal drugs to another person may be considered distributing a controlled substance. You don’t have to exchange money to get convicted of drug conspiracy under the distribution of a controlled substance. Any distribution qualifies under this law, including fake prescriptions, online drug pharmacies, and delivering illegal drugs to another person.

Federal distribution conspiracies often involve digital communications, intercepted messages, or alleged coordination between multiple individuals across different states.

Possessing a Controlled Substance with the Intent to Distribute It

Simple drug possession involves having it on your person or within your control. However, the government may try to prove that you conspired to distribute the drugs or sell them. You may be charged with conspiracy to distribute drugs if you also possess baggies, scales, packaging materials, or large quantities of controlled substances.

Federal prosecutors often argue that the presence of packaging materials or cash is evidence of intent to distribute, even without an actual sale

Importation of a Controlled Substance

Conspiracy to import illegal drugs may involve bringing a controlled substance into the United States from another country — this may take place by plane, boat, or roadway. The larger the operation, the more likely you are to get the maximum penalties.

These cases frequently involve coordinated federal investigations with agencies such as Homeland Security Investigations (HSI) and the Drug Enforcement Administration (DEA).

Consequences of Drug Conspiracy Charges

The penalties for federal drug conspiracy convictions depend on the amount and type of drug involved in the crime. Sentencing is governed by federal mandatory minimum statutes and the U.S. Sentencing Guidelines, which can significantly increase penalties based on drug quantity and prior criminal history.

Marijuana

• No alleged amount – up to 40 years in federal prison
• 100 kg or more – between five and 40 years in federal prison
• 1,000 kg or more – between 10 and 40 years in federal prison

Heroin

• 100 kg or more – between five and 40 years in federal prison
• 1 kg or more – between 10 and 40 years in federal prison

Cocaine and Crack Cocaine

• 500 g or more of cocaine or 28 g or more of crack – between five and 40 years in federal prison
• 5 kg or more of cocaine or 280 g or more of crack – between 10 and 40 years in federal prison

Methamphetamine

• Less than 5 g – up to 20 years in federal prison
• 5 g or more – between five and 40 years in federal prison
• 50 g or more – 10 years up to life in prison

Opioids and GHB (including ketamine and fentanyl)

• Up to 20 years in federal prison
• Enhanced penalties involving death or serious injury to another person
• Enhanced penalties for any prior felony drug convictions

In federal fentanyl-related conspiracy cases, even small quantities can trigger severe sentencing exposure due to the drug’s classification and potency.

Possible Defenses to Drug Conspiracy Charges

Many defenses to drug conspiracy charges are similar to those available in other criminal cases. Those include:

• Illegal search or seizure
• Lack of a valid search warrant
• Law enforcement exceeded the search warrant
• Law enforcement failed to read your Miranda rights
• You were denied legal counsel after a request
• Law enforcement entrapped you in a conspiracy situation

However, some unique defense tactics can be used with conspiracy charges. For example, conspiracy is a “specific intent” crime. That means you must have had actual knowledge and intent to commit the crime. It is not required that you commit the crime. However, you must have purposefully conspired to commit the crime. Prosecutors must prove beyond a reasonable doubt that you knowingly and voluntarily joined the alleged conspiracy, not simply that you were present or associated with others involved.

Also, if you withdrew from the conspiracy before the crime occurred, you can use this to your benefit. This would be an especially strong defense if you worked with law enforcement against the conspiracy. Evidence of withdrawal must typically show affirmative steps to abandon the agreement or notify co-conspirators of your departure.

Why Federal Drug Conspiracy Cases Are So Serious in New Mexico

Federal drug conspiracy cases in New Mexico are aggressively prosecuted due to the state’s proximity to major trafficking routes. Cases in Albuquerque and surrounding areas are often investigated by multiple federal agencies working together, which can increase the complexity and severity of the charges.

New Mexico is a key corridor for drug trafficking between the U.S.-Mexico border and distribution points throughout the Southwest and Midwest, which means federal prosecutors frequently treat these cases as part of larger, multi-defendant investigations rather than isolated incidents.

As a result, conspiracy charges are often brought even when a person’s alleged involvement is limited, because federal law allows prosecutors to hold each alleged co-conspirator responsible for the actions of the entire group if an agreement is proven.

Because of this layered investigative approach, defendants in New Mexico drug conspiracy cases may face multiple overlapping charges, including distribution, possession with intent to distribute, and money laundering or firearm-related offenses, depending on the facts of the case.

How a Defense Lawyer Can Help You

A federal drug conspiracy charge is not something you should try to handle on your own. These cases are typically built over months or even years by federal agencies and may involve wiretaps, surveillance, financial records, and cooperating witnesses. A defense lawyer can review how evidence was obtained and determine whether law enforcement violated your constitutional rights through unlawful searches, seizures, or improperly authorized surveillance. If violations are found, your attorney may be able to file motions to suppress evidence, which can significantly weaken the government’s case or lead to reduced charges.

A defense attorney also focuses on whether the prosecution can actually prove the required elements of conspiracy, including knowledge and intent. In many cases, the government relies on association or indirect evidence rather than clear proof that you knowingly joined a drug trafficking agreement.

Your lawyer can challenge the scope of the alleged conspiracy, negotiate with federal prosecutors for reduced charges or plea agreements when appropriate, and represent you at every stage of the case, from detention hearings through trial. For individuals facing charges in Albuquerque or anywhere in New Mexico, early legal representation can be critical to protecting your rights, limiting exposure, and working toward the best possible outcome.

Contact a Drug Conspiracy Lawyer Right Away

If the government charges you with federal drug conspiracy, they have likely already conducted an investigation and have significant evidence against you. You must hire a drug crime lawyer immediately to get someone on your side to protect your rights. You need an independent investigation and practical assistance from your counsel.

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

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

White-collar and street crimes are two broad categories of criminal offenses that differ in how they are committed, who typically commits them, and the type of harm they involve. While both can carry serious penalties, they are investigated and prosecuted differently under state and federal law.

White Collar Crime

White-collar crime generally refers to nonviolent offenses committed for financial gain, often by individuals in professional or trusted positions, such as business owners, executives, or public officials. These crimes typically involve deception, fraud, or abuse of authority rather than physical force.

Common examples include fraud, embezzlement, bribery, insider trading, and money laundering. Although these offenses may not involve physical harm, they can cause significant financial damage to individuals, businesses, and government institutions.

Street Crime

Street crime, sometimes referred to as blue-collar crime, typically involves offenses that are more visible and often include violence or the threat of violence. These crimes usually have identifiable victims and are frequently handled at the state or local level.

Examples include assault, robbery, burglary, domestic violence, and other offenses involving direct harm to a person or property. Street crimes are often perceived as more immediate threats to public safety due to their violent or disruptive nature.

Common Examples of White Collar and Street Crimes

While white-collar and street crimes differ in nature and prosecution, each category encompasses a wide range of offenses that can lead to serious criminal charges. Understanding the most common examples of each helps clarify how these cases are investigated and charged.

Common White-Collar Crimes

White-collar crimes typically involve financial misconduct, deception, or the abuse of trust in professional or business settings. These cases are often complex, involve detailed financial evidence, and may be investigated by multiple state or federal agencies.

Some common examples 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

Because these offenses often involve financial records, digital communications, and multi-party transactions, investigations can take months or even years to complete. In many cases, state and federal authorities work together to build evidence before charges are filed.

Common Street Crimes

Street crimes generally involve offenses that occur in public or private spaces and often involve direct or threatened harm to individuals or property. These cases are typically investigated locally at the outset, often by city or county law enforcement. Crimes against persons include:

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

These charges are usually treated as serious violent crimes due to the immediate harm involved.

Crimes against property include:

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

While these offenses do not always involve physical injury, they can still carry significant penalties depending on the circumstances and prior criminal history. Depending on the facts of the case, some street crimes may also be prosecuted in federal court, particularly when they involve interstate activity or federal jurisdictional issues.

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 element 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 professional connections. 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 a law enforcement investigation 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.

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.

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.