Question 1

What should I do if I'm arrested in Albuquerque?

Accepted Answer

Stay calm and do not answer questions without an attorney present. You have the right to remain silent under the Fifth Amendment, and you have the right to have an attorney present during questioning. Tell the officer you are invoking your right to remain silent and ask for a lawyer. Then stop talking. Call an attorney as soon as you are able to. The things you say in the hours after an arrest can affect your case more than almost anything else.

Question 2

How do I know if I need a lawyer?

Accepted Answer

If you are facing any criminal charge, from a misdemeanor to a felony, you need a lawyer. The consequences of a criminal conviction in New Mexico include fines, jail or prison time, and a permanent record that follows you into employment, housing, and professional licensing. For personal injury claims, if you have been seriously hurt or the insurance company is disputing liability, an attorney can make a real difference in what you recover. Call and describe your situation. Patrick will give you an honest assessment of whether legal help makes sense.

Question 3

What is the difference between a misdemeanor and a felony in New Mexico?

Accepted Answer

Under NMSA § 31-18-15, New Mexico divides crimes into petty misdemeanors (maximum six months), misdemeanors (maximum one year), and felonies (18 months to life depending on degree). Felonies are divided into four degrees, with first-degree felonies being the most serious. The line matters because felony convictions have consequences that misdemeanors do not, including the loss of voting rights while incarcerated, restrictions on firearm possession, and greater stigma in background checks.

Question 4

How long does a criminal case take in New Mexico courts?

Accepted Answer

It depends on the charge and the court. Misdemeanors in magistrate court often resolve in a few months. Felonies in district court can take anywhere from six months to two years, sometimes longer if the case goes to trial. Cases involving voluminous discovery, such as drug trafficking cases with extensive surveillance records, tend to take longer. Patrick will give you a realistic timeline once he has reviewed the charges and the facts.

Question 5

Can I represent myself in court?

Accepted Answer

Technically yes, but it is rarely a good idea in criminal court. Prosecutors are trained lawyers who spend their careers in these courtrooms. The rules of evidence, the procedures for filing motions, and the strategies for cross-examining witnesses all take years to learn. A self-represented defendant often does not know what arguments are available or what motions could suppress evidence. For civil cases, small claims court is designed for self-representation, but anything involving significant money or custody of children is worth the cost of having an attorney.

Question 6

What is attorney-client privilege?

Accepted Answer

Attorney-client privilege means that communications between you and your attorney are confidential. Patrick cannot be forced to disclose what you tell him, and he will not share it without your permission. This privilege applies from the moment you speak with him about your situation, even before you formally retain him. It exists specifically so that clients can speak honestly with their attorney without fear that those conversations will be used against them.

Question 7

How much does a criminal defense attorney cost?

Accepted Answer

Attorney fees vary based on the complexity of the case, the charges involved, and whether the case goes to trial. Misdemeanor representations generally cost less than felony defense. Cases that go to trial cost more than cases that resolve before trial. Patrick discusses fees at the initial consultation. He does not charge a fee for that first conversation.

Question 8

How do I schedule a consultation with Patrick J. Martinez?

Accepted Answer

Call the office at (505) 242-9164 or send a message through the contact page on this site. Patrick will speak with you personally about what you are facing. Consultations are confidential. There is no charge for the initial call.

Question 9

What happens at a first consultation?

Accepted Answer

Patrick listens to what happened from your perspective. He asks questions to understand the facts, the charges if you have been charged, and what your goals are. He explains how the law applies to your situation and what your realistic options look like. He gives you his honest assessment. Not a guarantee, but a real picture of where things stand. You leave knowing more than when you arrived, and you can decide from there whether to move forward.

Question 10

Does your firm handle cases outside Albuquerque?

Accepted Answer

Patrick's practice is centered in Albuquerque and Bernalillo County, but he handles cases throughout New Mexico. If you have a matter in another county, call and discuss it. He can tell you whether it makes sense for him to handle it given the location and the courts involved.

Question 11

What happens if I'm stopped for DWI in New Mexico?

Accepted Answer

You will be asked to perform field sobriety tests and likely a breath or blood test. Under New Mexico's implied consent law, refusing a test has consequences of its own, including an automatic license revocation. If you are arrested, you have 20 days from the date of arrest to request an MVD hearing to contest the revocation of your license. That deadline is absolute. Missing it means your license is automatically suspended. Call Patrick as soon as possible after a DWI arrest.

Question 12

What do I do after a car accident in Albuquerque?

Accepted Answer

Get medical attention first, even if you feel fine. Some injuries do not produce symptoms right away. Call the police so there is an official report. Exchange information with the other driver. Take photos of the vehicles, the intersection, and any visible injuries. Do not discuss fault at the scene and do not give a recorded statement to the other driver's insurance company before speaking with an attorney. Insurance adjusters are trained to limit what they pay. Patrick can talk with you about your situation and help you understand what your claim is worth.

Question 13

How does child custody work in New Mexico?

Accepted Answer

New Mexico courts decide custody based on the best interests of the child. The two types of custody are legal custody (who makes decisions about education, healthcare, and religion) and physical custody (where the child lives). Courts generally prefer arrangements that allow the child a continuing relationship with both parents, though that default changes when there are concerns about domestic violence, substance abuse, or other safety issues. Under NMSA § 40-4-9, the court considers many factors including each parent's relationship with the child and each parent's ability to meet the child's needs.

Question 14

Can a criminal record be expunged in New Mexico?

Accepted Answer

New Mexico passed an expungement law (NMSA § 29-3A-6 and the 2019 Criminal Record Expungement Act) that allows certain convictions to be expunged after a waiting period. Misdemeanor convictions are eligible after 2 years from sentence completion. Non-violent felonies may be eligible after 4 to 6 years. Some offenses, including violent felonies and DWI convictions, are not eligible. The process requires a petition to the court. Patrick can review your record and tell you whether you qualify and what the process looks like.

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