Criminal Defense FAQs

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.

What is the difference between a felony and a misdemeanor?

It is a difference in how the offense is classified, and it drives the exposure, where a sentence would be served, and the collateral consequences that follow. Some states also allow certain offenses to move between the two — how New Mexico handles that is explained on the practice pages.

Do I need a lawyer for a misdemeanor?

A misdemeanor is still a criminal conviction, and it can affect employment, licensing, firearm rights, and immigration status long after the case closes. The consequences frequently outlast the sentence, which is the part people underestimate.

How much does a criminal defense lawyer cost?

Criminal matters are generally handled on a flat fee rather than hourly or contingency, confirmed up front in a written agreement. The initial conversation is free.

Should I just use the public defender?

Public defenders are real lawyers, often very experienced ones, working under heavy caseloads. Whether appointed counsel or private counsel is right for you depends on your circumstances, and it is a fair question to ask directly rather than a decision to feel awkward about.

Can I get the charges dropped?

Charges do change as evidence is reviewed and as the defense raises problems with it — they get reduced, and sometimes dismissed. What no honest lawyer will tell you at the outset is what will happen in your case. What we will tell you is what the case realistically turns on.

Should I take the plea deal?

Not before you understand what it actually costs — including consequences that are not in the courtroom, like licensing, firearm rights, and immigration status. A plea is a decision that is very hard to undo, which is why it deserves advice rather than a quick answer.

How long does a criminal case take?

It depends on the charge, the court, and whether the case resolves by agreement or goes to trial. Misdemeanors generally move faster than felonies. A lawyer who has seen the file can give you a realistic picture of the specific case.

Do most cases go to trial?

No. The large majority of criminal cases resolve without a trial. That does not make the preparation less important — what a case looks like if it were tried is a large part of what shapes how it resolves.

What if I was not read my rights?

Miranda warnings apply to questioning while in custody, not to the arrest itself. Not being read them does not by itself end a case, but it can affect whether a statement can be used. Bring your lawyer the details of what was asked and when.

Can the police search my car without a warrant?

There are recognized situations where a search without a warrant is lawful and others where it is not, and the line is genuinely contested in many cases. If evidence was obtained unlawfully there is a defined procedure for challenging whether it can be used at all.

What happens if I miss a court date?

A bench warrant usually issues. It does not expire, and it means custody risk at any contact with law enforcement. There is generally a way to address it deliberately with counsel rather than being picked up on it, so it is worth handling early.

What is probation, and what happens if I violate it?

Probation is supervision in the community instead of, or after, custody, with conditions attached. A violation is decided under a lower standard of proof than a criminal charge and can put the original sentence back on the table, which makes those proceedings more consequential than people expect.

Will this show up on a background check?

Generally yes, and often the arrest as well as any conviction. How long it remains visible and what can be done about it later depends on the state and the disposition — worth asking about before deciding how to resolve a case, not after.

Will I lose my driver’s license?

In impaired-driving cases the license is usually decided in a separate proceeding from the criminal case, on its own timeline, and the window to contest it is often short. It is typically the most urgent deadline in a new case.

Will I lose my right to own a firearm?

Certain convictions and certain protective orders carry firearm restrictions, and some attach immediately rather than at sentencing. If this matters to you, raise it early — it can affect which resolutions are acceptable.

Can I be deported for a criminal case?

If you are not a U.S. citizen, yes, and the exposure follows defined federal categories rather than how serious a charge sounds. A resolution that leaves no conviction under state law can still count as one under federal immigration law. Get immigration advice before accepting anything.

Do you handle cases in Spanish?

Yes — se habla español. The criminal-defense screener and key pages are available in Spanish, and a consultation can be held in Spanish.

Is what I tell you confidential?

Yes. What you share in a consultation is kept confidential, and no attorney-client relationship is formed until a written agreement is signed.

What should I bring to the first meeting?

Every piece of paper you were given — the citation or charging document, any bail or release paperwork, and anything with a court date or deadline on it. Those dates are often the most urgent part of the file.

How does New Mexico decide a sentence?

It 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 it means the degree a case is charged at effectively sets the outcome.

Is it DUI or DWI in New Mexico?

New Mexico charges DWI. The difference is more than vocabulary — the state was the first in the country to require an ignition interlock for every conviction, including a first offense, and it remains among the most stringent on that point.

What makes a New Mexico DWI "aggravated"?

An elevated blood-alcohol level, bodily injury, or refusing to submit to testing. Refusal being an aggravator in the criminal case — rather than only a licensing consequence — is distinctive, and it catches people who assumed declining a test was the cautious choice.

How does bail work in New Mexico?

Differently from either neighbor. New Mexico amended its constitution to restructure pretrial detention, largely displacing money bail in favor of a risk-based determination the prosecution has to move for. It went further, and earlier, than California did.

Will my New Mexico case go to a grand jury?

It might, or it might proceed by preliminary hearing — New Mexico uses both, at the prosecutor's election. That puts it between California, where preliminary hearings are the norm, and Arizona, where grand jury indictment is.