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Criminal Defense Blog

Drug Trafficking Charges Dismissed

Mr. Romero represented a client that was charged with trafficking a controlled substance (cocaine) in April, 2011. The defendant in the case was stopped after allegedly blocking traffic and driving ...
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Objection: Trial lawyer failed to object

In State v. Samora, a juror was excused from jury duty because he did not understand English very well. The Defendant's trial lawyer failed to timely object to excusing the juror, and later was ...
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Jury Instructions: What's not there can be just as important as what is there!

In State v. Bradford, the prosecution failed to submit complete jury instructions to the grand jury concerning a felony embezzlement charge. On appeal, the Court of Appeals made it clear that the ...
Continue reading "Jury Instructions: What's not there can be just as important as what is there!" »

Testing the Independent Test

In N.M., everyone has a right to a reasonable opportunity to have an independent blood or breath alcohol test after taking a State breath or blood alcohol test. The firm will be testing the limits of ...
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Man in a Wheelchair Hits Three-Year Old with Hammer

According to reports, an Albuquerque man has been accused of striking a little three-year old boy with a hammer inside a local grocery store. The incident occurred around 1pm last Monday, in ...
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Is your high school principal a cop?

In State v. Antonio T., our Court of Appeals held that when a high school vice principal was interrogating a student, he was not acting as an agent for law enforcement. In turn, the vice principal was ...
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Pretextual Stops

In State vs. Ochoa, it was held that New Mexico law departs from federal precedent, and makes pretextual stops illegal. In other words, even if the arresting officer has a valid reason to detain ...
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When is a Ping a Private Thing?

The U.S. Sixth Circuit Court of Appeals recently o.k.'d the government's secret interception (and use) of the data sent and received from a pay-as-you-go cell phone to locate and convict a ...
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E-file, E-service of Process, Ver-e- Nice!

My firm just recently convinced a District Court Judge to allow us to serve process in a civil case via facebook. This is the first time it has been done in New Mexico. It'll probably get ...
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DWI : Accomplice Liability

The District Attorney's Office and law enforcement officers around the state have started charging passengers of vehicles with DWI for allegedly doing something to encourage the act of DWI. The ...
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The Casey Anthony Trial

I've been asked for my take on the Casey Anthony trial quite a few times lately. Here it is: I didn't keep up with much of the trial itself. I watched bits and pieces of it and couldn't ...
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Red Light Cameras

As you may know, the STOP Ordinance here in Albuquerque declares the act of driving over the speed limit a nuisance. It allows the City of Albuquerque to camera record drivers, capture images of ...
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Say What?

Freedom of speech is and always has been one of the core values Americans believe in. The U.S. Supreme Court took the opportunity to re-examine the boundaries of freedom of speech recently in the case ...
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DWI: Breath-Alcohol Tests

Are the breath-alcohol testing machines used by law enforcement officers reliable? The answer, admittedly, is: sometimes. Scary isn't it? First of all, most law enforcement officers will admit ...
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DWI: Breath or Blood

Pursuant to New Mexico law, a driver, merely by being licensed to drive in this state, implies his/her consent to submit to a breath test, a blood test, or both upon reasonable request from a law ...
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Judicial Performance Evaluations

The New Mexico Judicial Performance Evaluation Commission (JPEC)has completed its evaluations of New Mexico's judges recently. The commission compiles data and composes a grid that displays their ...
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S.I.D.: Sorry, Impossible Demeanor

The S.I.D. (Special Investigations Division) Agents were working overtime at the tailgating scene in Las Cruces, New Mexico this weekend. I was tailgating with family and friends there prior to the ...
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Nope. It's Against the Law

The U.S. Congress Judiciary Committee is holding hearings on over-criminalization. One of the focal cases involves a man named Abner Shoenwetter. He was a seafood broker that was convicted of buying ...
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DWI: Who Can Testify About What?

In a recent New Mexico Supreme Court decision, the Court held that a stand-in can lay an adequate foundation to permit the admission of evidence that they had no first-hand information about. It was a ...
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DWI: Sufficiency of Complaints

In the ever seemingly distant past, the Court of Appeals was asked to decide whether a charge of "DWI" on a criminal complaint amounted to sufficient notice for the charge of driving while ...
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Mandatory jail time does not mean mandatory jail time

In New Mexico, some statutes require criminal defendants to spend mandatory time in jail upon being convicted of certain crimes. Driving while under the influence is one such crime if the case ...
Continue reading "Mandatory jail time does not mean mandatory jail time" »

Using cellular telephones while driving

Many stops are perfected by police officers for drivers failing to maintain their lanes of travel. I have to say that about a third of the driving while intoxicated (DWI) cases I see start with a ...
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Sale of Illegal Narcotics

Possession with intent to distribute illegal narcotics cases filed in New Mexico seem to be on the rise recently. The manner within which the narcotics are possessed, transferred or used has been, and ...
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DWI: Driving...what exaclty is it?

I have posted on this issue before, and there is finally some clarity on the issue. The Supreme Court finally decided the Sims case. Now, driving while under the influence of alcohol has to involve ...
Continue reading "DWI: Driving...what exaclty is it?" »

Arizona's New Law

According to the new law in Arizona that comes into effect soon, if people are suspected of being illegally present in the United States, people in Arizona are subject to police interrogation. If the ...
Continue reading "Arizona's New Law" »
  • We Prepare Every Case For Trial

    Regardless of whether we take it that far, learn how we are fully prepared to fight for you.

    Learn More
  • Experience Makes All The Difference

    We have a reputation for success and an established history of advanced education and training.

    Our Victories
  • Charged With Drunk Driving?

    Get aggressive DWI/DUI defense and fight to keep your license! We also handle vehicle seizures.

    How We Can Help
  • Have You
    Been Arrested?

    Fill out a free case evaluation form and learn how we can fight aggressively on your behalf.

    Get Started Now
The Romero Law Firm, P.A.
Albuquerque Criminal Defense Attorney
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