If I Am Arrested, What Are My Legal Rights In New Mexico?
When facing criminal charges in New Mexico, understanding your legal rights in New Mexico is critical. The legal system can be overwhelming, but knowing your rights can make a significant difference in how your case is handled and its outcome.
1. The Right to Remain Silent
One of the most fundamental rights in criminal defense is the right to remain silent. If you’re arrested, anything you say can be used against you in court. It’s important to refrain from answering any questions until you have a lawyer present. Invoking your Fifth Amendment right can prevent self-incrimination.
2. The Right to Legal Representation
In New Mexico, you are entitled to legal representation. If you can’t afford an attorney, the court will appoint a public defender to represent you. Having a skilled criminal defense lawyer on your side is crucial for navigating the complexities of the law, negotiating with prosecutors, and building a strong defense.
3. The Right to a Fair Trial
You have the right to a fair and speedy trial by a jury of your peers. This includes the right to present evidence, call witnesses, and cross-examine the prosecution’s witnesses. Your attorney will work to ensure that your trial is conducted fairly and that all evidence is presented in your favor.
4. Protection Against Unreasonable Searches and Seizures
The Fourth Amendment protects you from unlawful searches and seizures. Police officers must have a warrant or probable cause to search your home, car, or personal belongings. If your rights were violated during a search, any evidence obtained may be deemed inadmissible in court.
5. The Presumption of Innocence
In New Mexico, as in the rest of the United States, you are considered innocent until proven guilty. The burden of proof lies with the prosecution, which must demonstrate your guilt beyond a reasonable doubt. Your defense attorney will work to challenge the evidence against you and highlight weaknesses in the prosecution’s case.
Conclusion
Understanding your rights in a criminal defense case is essential for ensuring that you are treated fairly throughout the legal process. If you or a loved one is facing criminal charges in New Mexico, it’s important to consult with an experienced attorney who can advocate for your rights and guide you through the complexities of the legal system.
If you are looking for a criminal defense lawyer in New Mexico, call Bowles Law Firm (505) 217-2680 for your free case review.
Attorney Jason Bowles founder of Bowles Law Firm has 27 years experience as a federal prosecutor and private practitioner. He has been lead counsel in 88 trials in federal, state and military courts, both criminal and civil trials. Most recently, Mr. Bowles tried a medical malpractice case in state court in New Mexico, and achieved a multi-million dollar verdict for his client. Mr. Bowles has also handled over 40 appeals in state and federal courts in New Mexico, Texas and the District of Columbia.
With a genuine concern for his clients, Mr. Bowles provides sound and knowledgeable counsel for his clients. He offers dedicated and aggressive legal services to his clients, firmly committed to their needs. He helps his clients navigate through this difficult time in their life and communicates regularly with them and keeps them informed throughout the process.
Learn more about Jason Bowles attorney at law and contact Bowles Law Firm for your free consultation.
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What is the federal tort claims act?
What is the federal tort claims act?
The Federal Tort Claims Act is an exception to the rule against suing the federal government. It sets requirements needed to pursue a claim for negligence.
Bringing Suit via the Federal Tort Claims Act
Under the law, private citizens have historically been unable to sue the United States in federal court for injuries caused by negligent or wrongful conduct on the part of someone acting on behalf of the federal government. The barring of these types of suits is due to a doctrine referred to as sovereign immunity, which says private persons can only file a legal suit with the government’s permission. The Federal Tort Claims Act (FTCA), however, provides a limited waiver of sovereign immunity and sets out the areas in which private persons can bring a suit against the government.
Highlights of the FTCA
The FTCA limits the permitted legal actions by time, subject matter, and the nature of the injury. Here are some of the highlights of the Act:
- The FTCA establishes a two-year limitation on filing, but the timeframe may be shortened based on certain factors.
- The FTCA bars recovery of punitive damages.
- The law does not allow recovery for intentional misconduct.
- The cause of injury must be by persons acting within the scope of their employment.
- The offending acts must have been actionable under the law of the state in which the injury occurred.
- The plaintiff must first exhaust administrative remedies by filing a claim with the federal agency that employed the person that caused the injury or loss.
Filing the Federal Lawsuit
The law requires a plaintiff to first file a claim with the local federal agency that employed the offending party. The agency then has a period of 180 days to make a decision. If the agency decides against the claim or fails to issue a decision, the plaintiff can file a federal suit.
The plaintiff must file suit in the federal district court presiding over the area in which the injury occurred. The suit cannot seek more damages than the original claim unless the additional damages are supported by new evidence.
Whether you need an auto accident lawyer in Albuquerque or a wrongful death attorney in Albuquerque, Bowles Law Firm offers experienced personal injury attorneys for Albuquerque residents. We can even provide you with an expert medical malpractice attorney in New Mexico if you need to pursue federal negligence claims. Turn to us to find more information on the FTCA and learn how experienced criminal defense attorneys in Albuquerque can help with your claim.
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Can I Own A Gun If I Have A Medical Card In New Mexico?
If you are looking for a cannabis lawyer in Albuquerque learn more about what we do.
Gun Ownership Medical Card New Mexico
New Mexico has specific policies on gun ownership and recreational usage of marijuana. Guns have few controls, and marijuana is restricted to medical use.
Update on New Mexico Gun Ownership and Marijuana Laws
Gun ownership in New Mexico
New Mexico permits gun ownership at will and does not restrict the purchase of weapons, including assault weapons. The law permits open carry of long guns and handguns, both loaded and unloaded. Cities and localities may not issue laws restricting the ownership or use of handguns except to restrict the discharge of weapons within their boundaries.
The Concealed Handgun License
New Mexico has few restrictions on gun ownership and requires a license only for concealed handguns. To receive the state’s concealed handgun license (CHL), one must submit to a background check for mental illness and past criminal record. The CHL also requires gun safety training for those without prior military or police service.
Medical Marijuana
Marijuana is an illegal drug or controlled substance in New Mexico. It is also a controlled substance under federal law. The state considered but has not fully authorized the recreational use of marijuana or regulated sale to the public. New Mexico authorized the use of marijuana for medical treatment in 2016. Lawful use of medical marijuana requires a medical marijuana card.
Medical Marijuana Cards
Those who have a medical marijuana card in New Mexico must qualify medically and comply with rules concerning use and distribution. Medical marijuana is lawful for those diagnosed with one of 15 medical conditions. These include cancer, HIV, epilepsy, and chronic arthritis. People in hospice care also qualify for a medical marijuana card. A licensed physician must make the diagnosis and issue the medical marijuana prescription.
Medical marijuana cards authorize the holder to purchase and possess up to 6 ounces of medical marijuana or grow up to 16 marijuana plants. The card authorizes personal use only and does not entitle the holder to sell or otherwise distribute marijuana.
New Mexico makes the medical use of cannabis LEGAL, as you know, with a medical cannabis card, which you may have. However, marijuana usage is still ILLEGAL under federal law, and marijuana is still classified as ILLEGAL under federal law. Along with that, the federal gun statutes, specifically 18 U.S.C. 922, makes it unlawful for any “user of illegal drugs…” to possess a firearm. So the reality is, that if you USE marijuana with your medical card, and you have a firearm, you are violating federal law. You are not violating NM state law, but you would be in violation of the federal statute. Now, the ATF has not extensively pursued cases against persons who possess a medical card and have firearms but there have been occasional federal criminal prosecutions for violations of this statute.
Providing Knowledgeable Legal Assistance
In conclusion, it is important to understand the laws for Gun Ownership Medical Card New Mexico. Those who have had issues with gun ownership or marijuana laws in New Mexico can contact Bowles Law Firm for legal assistance from a criminal defense attorney in Albuquerque. We are also the medical malpractice attorney New Mexico negligence victims rely on and the wrongful death attorney for Albuquerque surviving families. Moreover, if you need an auto accident lawyer in Albuquerque or an experienced personal injury attorney for Albuquerque cases, call us to get the assistance you deserve.
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DUI Attorney Albuquerque | What should you do if you are stopped for suspicion of DWI?
What should you do if you are stopped for suspicion of DWI?
Need a DUI Attorney Albuquerque? Have you been stopped for DWI? A DWI is a serious charge that can have a huge impact on your life. If you’re ever stopped on suspicion of DWI, it’s important to know how to handle it. Learn more from DUI Attorney Albuquerque Bowles Law Firm.
What to Do When Stopped for Suspicion of DWI
When a police officer stops you under the suspicion that you’ve been driving while intoxicated (DWI), what you do during the stop could affect whether you find yourself in need of a criminal defense attorney in Albuquerque. This is what you should do to give yourself the best chance of avoiding any legal troubles.
Keep Your Answers Concise
One of the reasons that an officer questions you is to evaluate your condition. They’ll look for indicators of intoxication, such as slurring your words. These indicators can give them the probable cause they need to check your blood alcohol content (BAC).
It’s best to use short, to-the-point answers. Limit the interaction between you and the officer while remaining polite and cooperative. Keep in mind that it is within your rights to decline to answer any questions you are asked.
Don’t Mention Any Drinking
This may seem like a no-brainer, but many an auto accident lawyer in Albuquerque has seen a client who admitted to having “a couple of drinks” to a police officer. Even if you just had a single drink, don’t say that. You won’t get any points for being honest. The officer can just use that as part of their probable cause for testing your BAC.
Decline Field Sobriety Tests
Here’s something many people don’t realize and the police would rather you didn’t know: Field sobriety tests are completely voluntary, and you should never take them. If an officer asks you to take one, they already suspect you drove drunk and are just looking to build more evidence for their case.
Get Legal Help if You’re Arrested – DUI Attorney Albuquerque
When you’re arrested for DWI, it’s important to get in touch with a skilled lawyer. This is true even if you’re later released, as the police may have done something illegal or improper. If they treated you poorly physically, a personal injury attorney in Albuquerque could help. If a nurse took your blood against your will to get your BAC, you could talk to a medical malpractice attorney in New Mexico about any possible legal recourse you may have.
If your BAC was over the legal limit, then you may need a DUI Attorney Albuquerque to defend you. Moreover, if you were charged with a DWI and involved in an accident, you may need the help of a personal injury or a wrongful death attorney in Albuquerque.
A DWI stop can be nerve-wracking, but with a little knowledge, you may be less likely to get arrested.
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