When a party is questioned by police, particularly when the interrogation occurs in a custodial setting, individuals have important rights. It is critical that residents of New Mexico and elsewhere understand all of the protections they have when they are questioned...
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Month: January 2021
Duran v. Grisham: Have you been incarcerated in the New Mexico Corrections Department, and released on parole since February 2020?
Have you been incarcerated in NMCD and released on parole in the last year? On February 14, 2020, in the prison class action lawsuit, Duran v. Grisham, 77-cv-721, the Court approved a settlement agreement that states, in part: “With respect to any parolee who is a...
The benefits of the Mental Health Justice Act
Throughout the country, there is a growing awareness of the reality of mental illness and the importance of treatment. Conditions like depression, schizophrenia and autism affect families throughout New Mexico. The Mental Health Justice Act of seeks to defend the...
Penalties for marijuana distribution in New Mexico
While some states have legalized marijuana, using the substance for recreational use remains illegal in New Mexico. Some jurisdictions, including Albuquerque, have enacted lower penalties for possession of small amounts and allow medical marijuana. However,...
What is meant by probable cause?
Why did the police search a person's car, enter their home, or stop them and perform a subsequent search? A common response might be "probable cause," but claims of probable cause might end up questioned in a New Mexico criminal courtroom. If the police did not have...
The science, or lack thereof, of the polygraph test
Although lie detectors have been notoriously wrong in New Mexico and across the country for years, it seems that many people are still not ready to let go of this "science." The inventor even warned about calling the device a "lie detector" because he knew that the...
The problems with facial recognition technology
Over the past few years, facial recognition software has become more popular in New Mexico. Airports, shopping malls and local authorities have adopted this technology to nab lawbreakers. Although the technology comes with a handful of benefits, there are several...
New Mexico man facing federal gun and drug charges
A man has been charged with distributing illegal drugs and possessing stolen weapons after allegedly selling undercover federal agents cocaine and firearms stolen from an Albuquerque gun store. The man was taken into custody following an investigation conducted by the...