When criminal defendants in New Mexico fully exercise their rights, the final result is usually going to trial. This can be risky in some cases, and it can be the best option in others. This is especially true when the evidence used by the prosecution is weak or...
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Criminal Defense
Malicious prosecution and civil rights violations in New Mexico
Normally, criminal and civil lawsuits are filed in order to punish wrongdoings or obtain compensation for a plaintiff who may need it to cover medical bills or other damages brought on by another party's negligence. However, in some cases, these suits are filed with...
Rights during police questioning
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...
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...
Broken windshield leads to drug seizure
A traffic stop initiated because of a broken windshield led to drug charges for a New Mexico man on the night of May 2 according to a report from the Taos County Sheriff’s Office. The 29-year-old Peñasco resident was charged with possession of a controlled substance...
“Junk science” enters the courtroom
When people in New Mexico face criminal charges, they might expect that the evidence presented in court against them is scientifically rigorous, especially if it is framed as a psychological or IQ test. However, researchers say that in many cases, this may not be...
The meaning behind being “seized” by the law
Most Americans in New Mexico and around the country will learn that the Fourth Amendment means that an unreasonable “search” and “seizure” of a person is prohibited. For many years the amendment seemed to be clear, but that all changed during the case of Torres v....
