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What are the steps in a criminal case?
Typically a case starts with an arraignment which informs you of the charges, although felonies may be started with a grand jury or preliminary hearing proceeding. At arraignment you should always plead not guilty if you do not have a lawyer to guide you. The second step is usually a setting for exchanging pre-trial discovery (evidence). The third setting is trial where the judge or jury hears all the facts and law of the case and determines a verdict. In that same hearing you may have sentencing where the judge informs you of the penalties he/she will impose, but in more complex misdemeanor cases and felonies the sentencing is done in a separate hearing.
Do I need a lawyer for my criminal case?
For petty misdemeanor cases which could result in a fine it is your choice whether you represent yourself, pro se, or hire a lawyer. For more complex cases which have a jail penalty you will be required to hire a lawyer, use a public defender or waive your right to a lawyer. It is best to have the advice of an attorney before you decide whether or not to plea to a charge which has a jail penalty, because you will not be able to change your mind once your plea is accepted. A criminal conviction can cause you to lose your job, your right to drive, your right to use a firearm or your freedom. Criminal convictions can have consequences far beyond paying the fine at the court and you should be well informed.
Questions to consider when you hire an attorney:
- Does the lawyer represent criminal cases as their primary law practice?
- How many years of legal experience does the criminal lawyer have?
- Does the lawyer provide answers to all my questions?
- Do the lawyer and the law office staff look organized and professional?
- Does the lawyer provide a written contract for the criminal case?
Most criminal attorneys charge a flat fee for representation of a case. The contract should specify the scope of representation, fee and costs for representation. Our firm can be your advocate and assert your constitutional rights. Fill out the on-line
intake sheet or call us to schedule an appointment for free legal advice.
What if I cannot afford an attorney?
If you cannot afford an attorney and you qualify, the court will assign you a public defender in cases where you are exposed to jail time.
Will I get a harsher sentence if I fight the case rather than plead guilty?
Not usually, but a sentence depends upon many factors. Judges know it is your constitutional right to have a trial and having your case set for trial gives you the opportunity to make an informed decision. Frechette & Associates can provide you a free legal consultation so you will understand your options more clearly.
How do I get an ignition interlock for my car?
First you should have the interlock installed (see resource page) in all vehicles which you will drive during the period of revocation. Then you need to go to a NM MVD office, provide proof of the device installation
and other documents, and pay $45.00 to obtain the interlock license.
Driving without the interlock license and the interlock may result in a charge
of driving on a revoked license which has very substantial penalties (see misdemeanor page).
What happens if I have an out-of-state license and I am revoked or suspended in New Mexico?
Any suspension or revocation for traffic convictions in New Mexico takes away your privilege to drive in this state. You may get revoked or suspended in your home state as well, the rules vary.
What if my child is arrested?
If a child under the age of eighteen commits a crime they can be cited and released or arrested. If they are arrested they may be booked into a juvenile detention center until first appearance before a judge or special master. At first appearance the child and the parent or guardian are informed of the charges and conditions of release. If you need more information about release of a juvenile call contact us or contact the detention facility staff.
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