Los Lunas Criminal Defense Lawyer

The Path a Criminal Case Takes in Los Lunas Courts

A Los Lunas criminal defense attorney may become involved at several points, from an arrest, citation, summons, or warrant to a probation hold or pending court date. What comes next hinges on the charge, the facts, your history with the courts, and whether it's filed as a misdemeanor or a felony.

A handful of stages tend to repeat across these cases:

• Terms while you're out: A judge may set bond, block contact with certain people, order testing, or restrict travel until the matter is resolved.
• Case file review: Our team pulls apart the reports, footage, 911 calls, lab paperwork, statements, and anything gathered through a search.
• Motions that push back: We can move to suppress a stop, an arrest, a statement, a test result, or evidence tied to a weak showing of probable cause.
• Where the case lands: Some charges get dropped, some get knocked down, and others move to a plea, a deferred sentence, or a jury.
• A DWI's second front: A DWI arrest opens up a license fight at the MVD that runs on its own clock, separate from the criminal case.

Lower-level matters in Los Lunas may be handled through the Valencia County Magistrate Court, while more serious felony matters can move to the Thirteenth Judicial District Courts, depending on the charge.

What a Conviction Could Mean for You

A conviction doesn't stop at whatever the judge orders in court. The effects on your job prospects, your finances, and your daily life depend on the charge itself, the facts, your history, and how the case is ultimately resolved.

Misdemeanors Can Still Mean Jail

In New Mexico, a misdemeanor can carry less than one year in jail, a fine of up to $1,000, or both. A petty misdemeanor can carry up to six months in jail, a fine of up to $500, or both, under NMSA § 31-19-1.

Felony Sentences Start at 18 Months

Basic felony sentences include 18 months for a fourth-degree felony, three years for a third-degree felony, nine years for a second-degree felony, and 18 years for a first-degree felony, under NMSA § 31-18-15.

DWI Can Threaten Your License and Freedom

New Mexico DWI law covers alcohol impairment, drug impairment, a 0.08 BAC, 0.04 BAC for commercial drivers, and aggravated DWI at 0.16 BAC or higher, under NMSA § 66-8-102. A first DWI can carry up to 90 days in jail, a fine of up to $500, at least 24 hours of community service, DWI school, screening, and probation up to one year.

The New Mexico MVD lists license revocation periods as one year for a first criminal DWI conviction, two years for a second, three years for a third, and a lifetime for a fourth or later.

Repeat DWI Raises the Minimums

A second DWI requires at least 96 consecutive hours in jail. A third DWI requires at least 30 consecutive days in jail. A fourth DWI is a fourth-degree felony with an 18-month prison sentence, including six months that cannot be suspended, deferred, or taken under advisement, under NMSA § 66-8-102.

Weapons Allegations Can Add Years

If a firearm is brandished during a noncapital felony, New Mexico law can add three years to the sentence. If discharged, it can add five years, under NMSA § 31-18-16. A felon found with a firearm is generally charged as a third-degree felony under NMSA § 30-7-16.

Some records are excluded, including DWI, sex offenses, offenses against children, embezzlement, and offenses causing great bodily harm or death.