Facing criminal charges in New Mexico is a serious matter that should be handled by experienced criminal defense attorneys. We believe that every person deserves to have highly qualified legal representatives support them and protect their rights when they are dealing with a criminal prosecution. The attorneys at New Mexico Legal Group have over 30 years of experience successfully defending criminal cases.
Arrested in New Mexico – Now What?
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Misdemeanor vs. Felony
In New Mexico:
- A felony is a serious crime with a potential jail sentence of more than one year.
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- Examples of felony crimes are burglary, drug trafficking, kidnapping, and all sex crimes.
- A misdemeanor crime is generally defined as a less serious crime with a potential jail sentence of less than one year.
If you need a criminal defense lawyer, New Mexico Legal Group is here to help in Albuquerque or Las Cruces.
How and When You Can Be Arrested
For the commission of misdemeanor crimes, you may be arrested under the following circumstances:
- You are accused of committing a crime in the presence of a police officer;
- You are accused of a crime falling under the warrantless arrest exception, such as battery on a household member, which allows you to be arrested without a warrant;
- You are arrested pursuant to an arrest warrant. It should be noted that arrests pursuant to arrest warrants in misdemeanor cases are not very common in New Mexico. Typically, you will be called to court by a summons rather than being arrested if you are not at the scene when the alleged misdemeanor was committed.
You may be arrested for a felony offense under the following circumstances:
- You are accused of committing a felony crime in the presence of a police officer;
- You are accused of committing a felony crime with exigent circumstances;
- You are arrested pursuant to an arrest warrant.
What Happens After Arrest
After you are arrested, you will be transported to a police station or jail. At that time you will be booked which usually includes fingerprinting and photographing. In some circumstances, you will be advised of your Miranda rights, and asked to answer questions. You should never provide a statement to police without legal counsel present.
What to Do After Arrest
After arrest, it is beneficial to your case to take the following steps:
1. Exercise Your Right to Remain Silent
- You have a Fifth Amendment right not to speak with law enforcement
- Even if pressured with threats or promises, do not speak until your attorney is present
2. Arrange for Bail
- If arrested with a warrant, your bail amount is already set
- If arrested without a warrant (e.g., DWI), a bail will be set shortly after your arrest
- Use your phone call to contact:
- A family member or friend
- A bail bondsman
The Ten-Day Rule
If you’re unable to post bond, the State has only ten days from the date of arrest to:
- File your case for a Preliminary Hearing, or
- Present the case to a Grand Jury
If the State fails to do so, you will automatically be released after this time period. In less serious cases, such as possession of a controlled substance, it is not uncommon for a defendant to be released on the ten-day rule.
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Serving Clients Across New Mexico
With offices in Albuquerque and Las Cruces, New Mexico Legal Group represents clients statewide in criminal defense matters. When your freedom, reputation, and future are on the line, the attorney you choose matters. Our criminal defense attorneys focus on clear guidance, strong courtroom strategy, and personalized representation at every stage of your case. Whether you are under investigation or facing formal charges, you can expect honest answers, practical advice, and a defense built around your goals. Call us today at (505) 843-7303 or request your free case evaluation online to take the first step toward protecting your rights.
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New Mexico Criminal Defense Attorneys
An Insider’s Guide to Criminal Defense Lawyers
Facing criminal charges can feel overwhelming, but having the right information can make a real difference. An Insider’s Guide to Criminal Defense Lawyers helps you understand what truly matters when choosing a criminal defense attorney in New Mexico, from courtroom experience to trial strategy and case management. Whether you are under investigation, recently charged, or already in the middle of a case, this guide gives you clear insight into how strong defense decisions are made and how to protect your rights and your future.
Criminal eBook Download
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Client Reviews
DUI I first sat down with Cynthia and explained everything. She gave me the most honest information and details to the outcomes and options that I have. In court, Ms. Payne fought for me wholeheartedly and spoke to the judge with upmost respect. The outcome, my case was dismissed. I couldn’t have asked for a better lawyer. Ms. Payne is utterly the best without any exception! Thank you.
anonymous
1/06/2020
Excellent Attorney Cynthia and Jessica were very helpful throughout the whole process. My case eventually got dismissed because of all their hard work. I would definitely recommend Cynthia to anyone who needs an attorney!
anonymous
12/08/2019
DUI I hired Cynthia Payne because she was genuine when she sat down with me and explained what she exactly did for the client. I was considering to get a public defender but Cynthia explained the difference between a public defender and an attorney, keep in mind she was never bias. She gave me the comfort to make my decision understanding that an attorney could be expensive but I did not mind. Before even hiring her she went ahead and told me how my case looked which was nice to see where I stood at the moment. The case went on for around 7 months Cynthia did interviews with client and officers, she researched the video tape and audio, she investigated the case, most importantly she always kept me up to date with what was happening and what to expect. Jessica was amazing as well l, both of them were available whenever I had a question or concern. They didn’t hesitate to answer any question. It was nice that Cynthia took my personal life into consideration giving me the comfort of support. Cynthia made sure that any communication or any terminology that was being used was always communicated properly to me. I was never lost or confused in the case which made everything very easy flowing. I am happy to have Cynthia represent me.
Juan
12/07/2019
Excellent Outcome I hired Cynthia to represent me in the first-ever arrest in my life for DWI, and she prevailed in court to the point of having my case dismissed. She was able to answer my questions and allay my fears. I am beyond grateful for her legal expertise and ability in the courtroom.
anonymous
12/07/2019
Highly Recommend When I went to Cynthia and Jessica to take on my DUI case, what I liked most is that they assured me that my life is not over, and that they will take care of everything. I was a complete nervous wreck and Cynthia made me feel really optimistic about my case, and she even put together a case binder to give me. There were a lot of variables in my case with me being from out-of-state and then eventually moving to another state, but Jessica kept me updated on everything and eventually Cynthia even got my cased dismissed. I really was able to put this all in the back of my mind and continue my life, and like Cynthia said, it all worked out in the end. I really think Cynthia is worth the price for the peace of mind itself, let alone the amazing work her and Jessica do.
Garrett
11/08/2019
Frequently Asked Questions
Will I have to go to jail if I’m charged with a crime?
Not necessarily. Whether or not you serve jail time depends on several things, like the nature of the charge, your prior record, and the details of your case. A skilled New Mexico criminal defense attorney may be able to reduce your charges, secure alternative sentencing, or even get the case dismissed.
What is the difference between a misdemeanor and a felony in New Mexico?
A misdemeanor is considered a less severe offense, usually punishable by up to one year in a county jail. Felonies are more serious and carry the possibility of over a year in state prison, along with more lasting consequences.
Do I have to talk to the police or answer their questions?
No, you’re not required to speak with law enforcement. You have a legal right to remain silent and request an attorney. Politely tell officers you want a lawyer before answering any questions.
How soon should I contact a criminal defense lawyer?
As quickly as possible. Early involvement by an attorney can help protect your rights, gather important evidence, and begin forming a strong legal defense right away.
What if I think I’m under investigation but haven’t been charged yet?
If you believe you’re being investigated, don’t wait for formal charges. A New Mexico criminal defense attorney can step in to protect you, manage communication with police, and help you avoid making statements that could be used against you.
Need Legal Assistance From a New Mexico Criminal Defense Attorney?
Call New Mexico Legal Group at 505.843.7303 or get started with a free case evaluation.
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