Criminal Defense Attorney in Albuquerque

Why Avoid a Public Defender

Many people who are charged with a crime in New Mexico will qualify for a court-appointed attorney, but this does not always work out well for the defendant. New Mexico public defenders are actually among the most overworked in the nation, and many times they are juggling multiple cases in the same court jurisdiction. The problem with this scenario is that they are also attempting to negotiate a case settlement for several defendants at the same time with the same prosecutors that they typically work with regularly. You need an attorney who will aggressively evaluate the evidence, interview all witnesses and discuss all possible defenses with you. A private attorney will be able to competently evaluate all aspects of your case, including evidence that will not stand up in Court.

How the Arrest Occurs is Important

Many times the only evidence being used by the court prosecutor will be arresting officer testimony and minimal supporting evidence that may or may not have been obtained according to acceptable criminal charge protocol. This is very common in drug possession charges for small amounts. Even a conviction for a simple possession charge can be detrimental for some defendants, especially those who depend on government benefits for housing. Not only can those convicted face incarceration, but they can be denied certain benefits and gainful employment, in many instances, in the future. The fallout of a criminal conviction can remain for decades, even when the police accessed the evidence unlawfully or presented it in error. New Mexico has NO expungement statute. The same predicament can even occur with charges for driving under the influence when a suspect has refused chemical testing, as the officer testimony is often the only evidence the state is using. While many people do understand their rights, many do not, and they often accept whatever punishment the state is wanting to offer. Knowing your criminal defense rights is important for any defendant, and having a former prosecutor and former judge like Rachel Walker Al-Yasi means you have an experienced former prosecutor and the judge handling your case who has in-depth knowledge of how prosecutors put cases together. The actions of the police officer are very important to a successful prosecution, but it takes solid representation to get a fair case resolution even when the officer has violated arrest procedures.

Establishing Reasonable Doubt by Dismissing Evidence

An experienced criminal defense attorney in Albuquerque will always evaluate the timeline associated with any arrest, including what justification the officer used to even question the defendant before deciding to file a charge. Reasonable suspicion is a crucial component of any arrest, as defendants must have been exhibiting criminal behavior or at least posed a valid reasonable suspicion. Probable cause could well not apply when the officer was interfering with the defendant’s constitutional rights to free movement. Officers who make arrests based on warrant issuance must also follow proper protocol, and especially when they have requested the warrant from the judge personally. Cases that result in criminal arrest roundups can cast a shadow of doubt as well when defendants are being charged with a variety of criminal acts. Evidence or testimony that leads to an arrest with a warrant is also susceptible to evaluation for validity by an Albuquerque criminal defense lawyer who is dedicated to protecting all criminal defense rights of their clients. Arriving at the truth is the ultimate goal for both sides.

The Albuquerque Criminal Defense Attorney You Choose Matters

While prosecutors commonly act as though they have a right to a conviction in any case they present, the truth is that they still must prove the case beyond a reasonable doubt. That doubt is what an Albuquerque criminal defense lawyer will use as a focus for building a strong defense, including the exclusion of evidence. Many criminal defense attorneys who have not served as prosecutors will not stress a case dismissal, instead hoping for a plea bargain. Former prosecutors and judges are not apprehensive when their clients are being charged with overstated claims and questionable documented evidence. Plus, an Albuquerque criminal defense attorney who has served in an official capacity has an established relationship with a professional reputation that can produce results in weak or over-aggressive prosecution situations.
Always remember that the attorney you choose can make a major difference in the outcome of your case, and retaining an experienced criminal defense attorney in Albuquerque is as much an investment in your future as an investment in your freedom. In New Mexico, that difference maker in any criminal case is the former prosecutor and judge Rachel Walker Al-Yasi who is willing to evaluate a case from the very beginning centered around the actions of the officer and analysis of the legal application. Knowing your rights means understanding that every aspect of a criminal charge matters significantly and must be obtained according to the rule of law. Always call Rachel Walker Al-Yasi.