Criminal Defense in New Mexico
Being charged with a crime is frightening, and the process moves on its own schedule whether you understand it or not. We represent people facing felony and misdemeanor charges, and we start by making sure you know what is coming and when.
Not sure if we can help?
Start with a quick, confidential case review — about two minutes, no cost, no obligation.
How we help
Charged with a crime, or someone you love was arrested? We explain what happens next, what the case actually turns on, and what your options are — starting with a confidential conversation.
Every criminal defense matter starts with a free, confidential review. We'll tell you honestly where you stand and, if we take your case, handle it from intake through resolution.
Common criminal defense charges we handle in New Mexico
Criminal Defense law in New Mexico
New Mexico sentences differently from either neighbor, and it has gone further than most states on both pretrial release and impaired driving.
- Sentences start from a fixed number: New Mexico sorts felonies by degree and assigns each degree a fixed "basic sentence," which a court may then adjust by a limited statutory proportion on findings of aggravating or mitigating circumstances. That is a different machine from Arizona’s presumptive-term range, and the degree a case is charged at sets the whole outcome.
- Prior convictions add mandatory time: Prior felony convictions trigger habitual-offender enhancements that add mandatory increments to a sentence, and a third qualifying violent felony carries a mandatory life sentence.
- It is DWI here, and the interlock is universal: New Mexico charges DWI rather than DUI, and requires an ignition interlock for every DWI conviction — including a first offense. The state was the first in the country to do that and remains among the most stringent.
- Refusing the test is its own problem: New Mexico defines an "aggravated" DWI by an elevated blood-alcohol level, by bodily injury, or by refusing to submit to testing — so a refusal is an aggravator in the criminal case, not just a licensing consequence. A separate administrative license revocation runs alongside the criminal case under the Implied Consent Act, on its own short clock.
- Pretrial release is not about money: New Mexico amended its constitution to restructure pretrial detention, largely displacing money bail in favor of a risk-based determination the prosecution must move for. It went further, and earlier, than either neighbor.
- Charging can go either way: New Mexico uses both grand jury indictment and preliminary hearing, at the prosecutor’s election — sitting between California’s preliminary-hearing practice and Arizona’s grand-jury norm.
Free checklists and guides
Practical steps for the moments that move fastest — the first hours after an arrest, what to do if someone you love is in custody, and what to ask before agreeing to anything.
- Before You Plead to Anything, If You Are Not a U.S. Citizen
- What to Do in the First 48 Hours After an Arrest
- What to Do If a Family Member Is in Jail
- Questions to Ask Before Accepting a Plea
- What to Bring to a First Meeting With a Defense Lawyer
- How to Prepare for a Court Appearance
- Court Date Planner
How New Mexico compares
We are licensed in California, Arizona and New Mexico, and they differ more than most people expect. These put the three side by side.
- Is There Parole in Arizona? Sentencing and Release in California, Arizona and New Mexico
- Can a Felony Become a Misdemeanor? California vs. Arizona vs. New Mexico
- DUI and DWI: How California, Arizona and New Mexico Differ
- Criminal Charges and Immigration Status: Why the State Matters
Serving New Mexico
We represent criminal defense clients throughout New Mexico — there's no need to be in a particular city. Call (866) 855-1195 or start your free review above. Have questions first? See our Criminal Defense FAQs.
Frequently asked questions
What happens at an arraignment?
The charges are formally stated, a plea is entered, and the court sets release conditions and the next date. It is short, and it is not where the case gets argued. What matters is that someone is there who understands what is being set.
Should I talk to the police?
You have the right to remain silent, and it applies whether or not you have been arrested. Saying you want a lawyer and then not answering questions is not an admission of anything — it is the exercise of a right. Talk to a lawyer before giving a statement.
My family member was arrested. What do I do?
Find out where they are being held and what the next court date is, and call a defense lawyer before that date. Assume calls from a jail are recorded, and do not discuss the facts of the case on them.
- 3 statesLicensedCalifornia, Arizona & New Mexico
- 6Practice areasTenant Rights, Personal Injury, Wrongful Death, Insurance Bad Faith, Immigration, Criminal Defense
- Flat feeQuoted up frontConfirmed in writing before work begins
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Ready to find out where you stand?
The case review takes about two minutes. It's free and confidential, with no obligation.