Santa Fe Criminal Defense Lawyer

What Happens After a Criminal Charge in Santa Fe?

A Santa Fe criminal case may start with an arrest, citation, summons, warrant, investigation, or probation hold. What happens next depends on the charge, facts, prior record, and whether the case is filed as a misdemeanor or felony.

Most cases involve these steps:

• Release conditions: Bond, no-contact orders, alcohol testing, travel limits, or other court rules may apply.
• Evidence review: The defense reviews police reports, video, 911 audio, lab records, witness statements, search materials, and chemical test records.
• Defense motions: Our lawyer may challenge the stop, arrest, search, statements, testing, probable cause, or missing evidence.
• Negotiation or trial: The case may end through dismissal, reduction, plea agreement, deferred sentence, trial verdict, probation, jail, or another court order.
• DWI license issue: A DWI can also trigger a separate license matter through the New Mexico MVD DWI process.

For DWI license hearings, New Mexico MVD says drivers have 10 days from the violation date to request a hearing after receiving a Notice of Revocation. The Administrative Hearings Office also states that subpoena requests must be made at least 10 days before the hearing, and continuance requests generally must be received at least three working days before the hearing.

Consequences of a Criminal Case in Santa Fe

A criminal charge can create court penalties and long-term personal consequences. The risk depends on the offense, facts, record, plea, verdict, and sentence.

Jail, Prison, and Fines

Under NMSA § 31-19-1, a New Mexico misdemeanor can carry less than 1 year in jail and/or a fine up to $1,000. A petty misdemeanor can carry up to 6 months in jail and/or a fine of up to $500.

Under NMSA § 31-18-15, basic felony sentences include:

• 4th-degree felony: 18 months
• 3rd-degree felony: 3 years
• 2nd-degree felony: 9 years
• 1st-degree felony: 18 years
• Some first-degree felonies: Life imprisonment

DWI Penalties and License Loss

Under NMSA § 66-8-102, New Mexico DWI law includes alcohol impairment, drug impairment, 0.08 BAC, 0.04 BAC for commercial drivers, and aggravated DWI at 0.16 BAC or higher.

A first DWI conviction 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 1 year. Aggravated DWI adds at least 48 consecutive hours in jail.

The New Mexico MVD DWI revocation rules list license revocation periods as:

• Criminal DWI conviction: One year for first offense, two years for second, three years for third, lifetime for fourth or later.
• Implied consent: Six months for first adult failed test; one year for first adult refusal.

Record and Background Checks

A criminal record can affect employment, housing, licensing, school, immigration, firearm rights, and custody disputes. Even dismissed charges may appear until expunged.

New Mexico expungement law has waiting periods of two, four, six, eight, or 10 years for eligible convictions, depending on the offense. Some records are excluded, including DWI, sex offenses, offenses against children, embezzlement, and crimes causing great bodily harm or death.

Firearms and Immigration

Under New Mexico’s felon-in-possession law, a felon found with a firearm is generally charged as a third-degree felony. For noncitizens, USCIS states that an aggravated felony conviction on or after November 29, 1990, creates a permanent bar to good moral character for naturalization.