Best Criminal Defense Lawyers in Santa Fe, NM

FAQs

• What is the non-emergency contact number for the local police station in Santa Fe, New Mexico?

  The non-emergency phone number of the Santa Fe Police Department is (505) 428-3710.

• Where can I get a copy of police reports for incidents related to my case in Santa Fe, New Mexico?

  You may obtain a copy of a Santa Fe police report online at https://cityofsantafenm.nextrequest.com/users/sign_in.

• Should you take the chemical test for DWI in Santa Fe?

  One of the biggest mistakes you can make when faced with a DWI in Santa Fe is refusing a breath or blood test. This is because the state of New Mexico has an implied consent law that requires you to take the chemical test instigated by law enforcement officers. Avoiding or refusing to submit to the test may have negative repercussions on your defense.

• If you’re arrested in Santa Fe, should you talk to the police?

  It is important that you exercise your right to remain silent when you’re arrested in Santa Fe. If the police talk to you and try to get a statement out of you, it would be wise to first request to speak to a lawyer. You can either contact a lawyer yourself or ask for one, who will then be provided for you. Seek advice from your lawyer before answering the questions of the police.

• What happens if you are placed on probation in Santa Fe?

  Probation is given by the court as an alternative form of sentencing to defendants who seem like they can amend their ways or complete rehabilitation without having to go behind bars. When a judge agrees to it as a means of punishment, they will also assign a probation officer to you, who will be in charge of making sure that you abide by the terms of your probation. Failing to meet these terms may result in a violation, which is punishable by jail time, drug tests, or enhanced sentencing.

• What are considered violent crimes in Santa Fe?

  Some examples of violent crimes in Santa Fe are murder, manslaughter, homicide, simple assault, forcible rape, aggravated assault, and robbery. A person can be charged with a violent crime even if the violence they exhibited was premeditated or not. Violent crimes are among the most serious criminal offenses that someone can be charged with and they often carry the heaviest penalties, including prison time, fines, restitution, and the risk of a life sentence without parole.

• What does expungement do to your criminal record in Santa Fe?

  Expungement removes the details carried by your criminal record, including the notation of arrest, criminal complaint, indictment, criminal information, finding or guilty plea, and acquittal. After being expunged, your criminal record will no longer be available to the general public for access. This also means it won’t appear in background checks if you’re seeking employment or housing.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.