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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.

What Is the Difference Between Federal & State Crimes?

Not all crimes are handled the same way. In the U.S., some are prosecuted by state courts, while others go through the federal court system. If you’re facing criminal charges, it’s important to understand the difference between state and federal crimes. The court system, procedures, and penalties can vary a lot. Knowing where your case falls can help you take the right steps to protect your rights.

Who Has Jurisdiction in State vs. Federal Court?

Jurisdiction is the legal authority to hear and decide a case. Federal courts handle cases that involve violations of U.S. law or crimes that cross state lines. For example, if someone is accused of smuggling drugs from one state to another, that could be a federal crime. On the other hand, state courts deal with violations of state law that happen within the state’s borders. A case of local assault or DWI would usually go through the state court system.

Sometimes, a crime breaks both state and federal laws. This means both courts could charge a person for the same act. This is called dual sovereignty, and although it doesn’t happen often, it is legal.

Types of Crimes in State vs. Federal Court

Federal and state courts focus on different types of crimes. Federal crimes tend to be more complex and involve more serious penalties. These include:

• Drug trafficking across state or national borders
• Immigration violations
• Mail or wire fraud
• Money laundering or tax evasion
• Crimes involving large sums of money or interstate activity

State crimes usually involve offenses that happen within New Mexico. These can include:

• Drunk driving (DWI)
• Assault or domestic violence
• Theft and burglary
• Drug possession
• Traffic violations

While state crimes can be serious, they usually involve more local matters. Federal cases often involve large-scale investigations and may take longer to resolve.

Federal and State Court Systems and Procedures

Federal and state courts have different structures and rules. Federal courts are part of a nationwide system set up by the U.S. Constitution. Cases usually begin in U.S. District Courts. If someone appeals, the case may move up to the U.S. Court of Appeals, and in rare cases, to the U.S. Supreme Court. Judges in federal court are appointed for life by the President and confirmed by the Senate.

NM State Court

New Mexico’s state courts include Magistrate, Metropolitan, and District Courts. These courts handle most criminal cases in the state. Judges may be elected or appointed, and the system moves more quickly than federal court in many cases.

Federal cases tend to be more formal and involve detailed procedures. For example, federal prosecutors often use a grand jury to decide whether charges should be filed. There are also stricter rules for evidence and pretrial motions. Federal cases are handled by Assistant U.S. Attorneys, while state cases are prosecuted by District Attorneys.

Can You Be Charged in State and Federal Court for the Same Crime?

Yes, under what’s known as the “dual sovereignty doctrine,” both state and federal governments can prosecute a person for the same act if it violates both sets of laws. This may happen in cases involving weapons charges, drug trafficking, or violent crimes that cross jurisdictions. While it’s not very common, it does occur, and having an experienced defense attorney is crucial when facing charges in both courts.

Law Enforcement Agencies Involved in State and Federal Court

The type of crime also determines which law enforcement agency investigates. Federal crimes are often handled by large agencies such as:

• FBI (Federal Bureau of Investigation)
• DEA (Drug Enforcement Administration)
• ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives)
• ICE (Immigration and Customs Enforcement)
• IRS (Internal Revenue Service)

These agencies have national authority and more resources. They often work together on cases that involve terrorism, drug trafficking, or white collar crimes.

State crimes are investigated by local agencies like the New Mexico State Police, county sheriffs, or city police departments. These officers handle day-to-day law enforcement and focus on crimes within their local areas. Sometimes, federal and state agencies work together, especially on drug cases or gang investigations.

Penalties and Sentencing Differences

One of the biggest differences between state and federal crimes is the punishment. Federal sentences are usually more severe and follow strict guidelines. Many federal crimes carry mandatory minimum sentences, meaning the judge must give a certain amount of prison time, even for first-time offenders.
In state court, judges often have more flexibility. New Mexico courts can offer diversion programs, probation, or community service for less serious crimes. First-time offenders may have a chance to avoid jail time altogether.

Still, both systems can result in serious consequences. Jail time, fines, a criminal record, and other penalties can affect your job, family, and future.

Why You Need the Right Criminal Defense Lawyer

Whether your case is in federal or state court, having the right defense attorney is critical. Federal cases are usually more complicated, with more paperwork, longer trials, and tougher prosecutors. An experienced federal criminal defense lawyer understands how the system works and can build a strong strategy based on the facts of your case.

Even in state court, the consequences of a conviction can be life-changing. The best defense starts with a clear understanding of your rights and options.

If Arrested, How Do I Know if My Case Is Federal or State?

Often, the nature of the arrest, the agency involved, and the type of offense will indicate whether a case is federal or state. If the arresting officers are from a federal agency, and you’re being taken to federal court, then the case is likely federal.

If local or state police make the arrest, and you’re processed through a county jail or state court, it’s likely a state case. However, sometimes this can change during an investigation, which is why it’s important to speak with a criminal defense lawyer as soon as possible.

Harrison & Hart LLC Defends You in State and Federal Court

Federal and state crimes may sound similar, but the differences in how they’re handled are important. From who investigates the case to how you’re sentenced, the two systems operate in very different ways. If you’re facing criminal charges (especially in federal court) it’s important to work with a lawyer who knows the system inside and out.

If you or someone you care about has been charged with a crime in New Mexico, reach out to Harrison & Hart LLC today or call 505-295-3261. We offer experienced legal defense in both state and federal courts and are ready to help you understand your options.

Do You Have to Disclose a Sealed or Expunged Record to Employers?

If you’ve ever been arrested or convicted of a crime, you know how stressful it can be—especially when applying for jobs. But if your record has been sealed or expunged in New Mexico, do you still have to tell potential employers about it?

The short answer is: usually not. New Mexico law gives strong protections to people with sealed or expunged records. However, there are some exceptions you should know about. This blog will explain the difference between sealing and expungement, when you may need to disclose a past record, and what to do if an employer finds out about it.

What’s the Difference Between Sealing and Expungement?

Although the terms are often used together, sealing and expungement are not the same thing.

Sealing a record means that the public can no longer see it. This includes employers, landlords, and most background check companies. However, the record still exists and can be accessed by law enforcement and certain government agencies. In New Mexico, juvenile records are often sealed automatically after two years. Adults may also be able to have records sealed in certain situations, but it usually requires a court petition.

Expungement

Expungement, on the other hand, goes further. It means the record is legally erased or destroyed, making it virtually invisible to background check companies. Once a record is expunged, it’s as if the offense never happened. In New Mexico, many non-violent crimes—including certain cannabis offenses—may qualify for expungement under the Criminal Record Expungement Act (CREA), which went into effect in 2020.

How a Sealed or Expunged Record Appears on Background Checks

In most cases, a sealed or expunged record will not show up on a standard employment background check. That’s the whole purpose of the process—to remove the record from public view.

However, there are a few things to keep in mind:

• Third-party background checks sometimes rely on outdated or incomplete databases. If the sealing or expungement is recent, the record might still appear temporarily.
• Government background checks, especially those done for high-security or regulated jobs, may still uncover sealed or expunged records.
• Clerical errors in court records or with background check companies may cause expunged records to appear by mistake.

If a sealed or expunged record shows up, you have the right to dispute it. You can provide a copy of the court order and ask the background check company to correct the error.

Do You Have to Tell an Employer About a Sealed or Expunged Record?

In most cases, no — you do not have to disclose a sealed or expunged record to a potential or current employer in New Mexico.

Thanks to the state’s “ban-the-box” law, employers in New Mexico are not allowed to ask about criminal history on job applications. They may ask later in the hiring process, but even then, you’re not required to reveal a record that has been sealed or expunged.

In fact, under the CREA, you can legally answer “no” if an employer asks whether you’ve ever been arrested or convicted—if that record has been sealed or expunged. The law treats these records as though they never happened.

Are There Any Exceptions?

While most jobs cannot ask about or consider sealed or expunged records, there are a few exceptions—especially when federal or licensing rules apply.

You may still need to disclose past records for the following types of jobs:

• Law enforcement or corrections
• Positions requiring federal security clearance
• Jobs involving vulnerable populations, like schools, daycare centers, or nursing homes
• Licensed professions, such as lawyers, doctors, nurses, or teachers (where licensing boards may have access to sealed records)
• Financial services jobs, especially those regulated by federal agencies like the SEC, FINRA, or FDIC

In these cases, it’s a good idea to speak with an attorney before applying, to understand what you must legally disclose and what protections still apply.

What If an Employer Finds Out About a Sealed or Expunged Record?

Sometimes, an employer might find out about your record anyway—especially if they use outdated or inaccurate background check services. If that happens, stay calm and know your rights.

In New Mexico, it is illegal for employers to take negative action (like refusing to hire you or firing you) based on a sealed or expunged record. If an employer does this, they may be violating your rights under state law.

You have a few options if this happens:

• Explain that the record has been legally sealed or expunged.
• Provide court documents that prove it.
• Speak with a criminal defense attorney about filing a complaint.

Tips for Job-Seekers and Employers

For job-seekers:

• Keep a copy of your sealing or expungement order.
• Be honest—but only when required. You’re not lying if you say “no” to a question about a conviction that’s been expunged.
• If you’re not sure whether your record qualifies, talk to an attorney who can help.

For employers:

• Make sure your hiring practices follow New Mexico’s ban-the-box and CREA laws.
• Don’t ask about sealed or expunged records.
• Train your HR staff to understand the legal limits of background checks.

Questions about Your Record? Contact Harrison & Hart Today

In most cases, you do not have to tell an employer about a sealed or expunged record in New Mexico. Thanks to recent laws, many people now have the chance to move forward without being haunted by past mistakes. But if you’re applying for a job in a highly regulated field, or if an employer mishandles your background information, it’s a good idea to get legal advice.

If you have questions about your rights or want help sealing or expunging your record, Harrison & Hart, LLC is here to help. Contact us today or call 505-295-3261 for a confidential consultation.

Your Rights During a Police Stop in New Mexico

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

Understanding the Reasons for a Traffic Stop

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

Reasonable Suspicion

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

Probable Cause

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

Interacting with NM Law Enforcement: Dos and Don’ts

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

Remain Calm and Respectful

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

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

Present Your ID When Asked

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

Assert Your Rights to Protect Yourself

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

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

What to Do after the Stop

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

The Legalities of Searches and Seizures

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

Consent Searches

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

Probable Cause Searches

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

Search Warrant Requirements

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

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

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

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

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

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

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

Resisting Arrest

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

Uncooperative Behavior

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

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

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

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

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

What Charges Could You Face for PPP Fraud?

The COVID-19 pandemic brought a lot of uncertainty with it. Businesses shut down and employers sought relief. The federal government provided an avenue for relief with the Paycheck Protection Program. With $800 billion set aside, the PPP loans were intended to be low-interest, forgivable loans to help businesses keep employees paid through closures and to avoid layoffs.

In its first year, more than $2.2 billion in loans were approved in New Mexico, covering 270,000 jobs. The program ended in 2021, but the federal government is working to uncover fraudulent loans. Officials within the Small Business Administration, who oversaw the loans, suspect that at least 70,000 loans were fraudulent.

Anyone suspected of fraud faces federal charges which carry hefty penalties, including fines and federal prison sentences. Learn more about potential criminal charges and how to defend yourself if you’re accused.

What Kinds of Fraud are Associated with PPP Loans?

Fraud defines the act of misrepresenting facts to deceive someone else for personal gain. You could be accused of fraud for lying in a contract or giving statements with false information.

If you’ve been accused of fraud on your PPP loan, you might have been accused of one of the following:

• Application fraud: you’re accused of providing false information on your loan application. You might have lied about the number of employees, your company’s revenue, or salaries. Companies convicted of application fraud have been found to list some employees as independent contractors to meet the “fewer than 500” employee limit.
• Fraudulent use: you’re accused of misusing the funds provided with the loan. They were intended to pay your expenses — rent, payroll, insurance, or utilities. People convicted of misusing frauds used them for personal expenses or buying luxury items. Basically, using funds for anything that wasn’t a legitimate business expense could qualify as fraudulent use.
• Fraudulent loan forgiveness certification: you’re accused of presenting false information during the loan certification process. When you’re seeking loan forgiveness, you have to prove you needed the loan because of the pandemic. You also have to show you used the funds as intended. You have to show you were only given one loan.
• Fraudulent loan stacking: you’re accused of going to more than one lender, which is prohibited by the PPP program. Some applicants for the loans falsely applied using stolen identifications.

Criminal Charges Associated with PPP Fraud

PPP fraud is a serious allegation, one that carries severe consequences. If you’re accused of committing PPP fraud, you could be charged with federal felonies. If convicted, you’ll face fines, time in federal prison, or be forced to pay back the funds you received in your loan.

Federal charges for PPP fraud include:

• Making a false statement (18 U.S. Code § 1001): This charge happens if you omit, misrepresent, or use a fraudulent document while applying for or certifying your loan. It means you made your statement knowingly and willfully intended to deceive a government agent. If convicted, you could be sentenced to five years of prison.
• Conspiracy to Commit (18 U.S. Code § 371): You can be charged for conspiracy if you and at least one other person or company work together to defraud the US government when applying or certifying your PPP loan. If convicted, you face a maximum of 30 years and up to $1 million in fines. This charge can be added to others.
• Bank fraud (18 U.S. Code § 1344): These types of charges happen if you seek to obtain funds through false information or deception. If you apply for a loan with false information or forged documents, you might be accused of bank fraud. If convicted, you could go to prison for a maximum of 30 years and face fines of up to $1 million.
• Wire fraud (18 U.S. Code § 1343): If you used electronic communication means to commit PPP fraud, you could be charged with wire fraud. You could have sent e-mails for your application, lied during phone calls, or used other methods to discuss or commit fraud. If you’re convicted of wire fraud, you could face up to 20 years in a federal prison and fines up to $250,000.
• Aggravated Identity Theft (18 U.S. Code § 1028A): When someone knowingly uses another person’s identity to commit PPP fraud, they could be accused of felony identity theft. If convicted, they could be sentenced to two years in prison on top of any other felony sentences.

Besides criminal convictions, you could be forced to pay back your loan in full. Hiring a lawyer to help establish a defense is your best bet to avoid significant penalties.

Defenses Against PPP Fraud Accusations

Just because you’ve been accused of committing PPP fraud, you are considered innocent until proven guilty. There are arguments you can make against the allegations against you, including:

• Lack of intent: PPP loans are complicated. There are several regulations for you to follow. If you can prove that you did not intend to break the law or defraud the government, you could see your charges dropped or reduced.
• Insufficient evidence: Like other criminal investigations, the federal government will need to build a case against you. They must prove to a judge or jury that you committed fraud beyond a reasonable doubt. If the prosecution does not find enough evidence to show you committed fraud or if you can introduce doubt to their arguments, you could get your charges dismissed or dropped.

When you’re facing federal felony charges, a conviction could do more than inconvenience you. It could totally disrupt your life. You’re facing fines on top of paying back your loan, and possible decades of prison time. It’s critical that you find an attorney who is ready to help you defend yourself.

Why Should I Hire a Lawyer?

PPP fraud charges can seriously affect your life. A criminal defense lawyer with experience fighting federal cases could make all the difference in your case. You should find an Albuquerque defense lawyer ready to fight for you.

Your attorney can guide you through the legal nuances to dispute your PPP fraud charges. They’ll be able to investigate the charges, find the evidence you need to get your charges reduced or dropped.

Start Your Fraud Charges Defense Today

PPP fraud charges are serious allegations of wrongdoing, and you could be facing an upheaval of significant proportions. If you’ve been accused of trying to defraud the government, turn to a reliable New Mexico criminal defense attorney. The team at Harrison & Hart, LLC, are prepared to hear your story and get started on your defense.

We will work to protect your rights and clear your name. Call (505) 295-3261 or contact us online.