• 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

Felony Drug/Firearm Possession

I recently represented someone charged with being a felon in possesion of a firearm that involved uncharged drug trafficking allegations. Successfully defending the case was especially important to the client as he was looking at upwards of a fifteen-year sentence due to his prior criminal history.

The Defendant was approached by gun-toting gung-ho police officers who chose to arrest him first, and ask questions later. The police officers had responded to a parking lot after an anonymous caller told dispatch that there were two Hispanic males that were passing a gun between each other in a car. The caller did not report of any threatening or menacing behavior, did not predict any future movements by the defendant or his travel companion, and left her telephone number so that police could call her back should they so desire. The police officers approached my client and his friend with their rifles drawn and fingers on the triggers and placed my client and his friend under arrest. Subsequently, while being patted down, a gun fell to the pavement from my client's pants.

There was some very bad U.S. Supreme Court case law that had to be overcome in defeating the case. The case law basically stood for the proposition that an investigatory stop (a Terry stop) can be had if the anonymous tipster sufficiently articulates a description of the target(s) and is able to predict the target(s) future movements. The facts in the case at hand were sufficiently distinguishable to escape the ugly federal precedent and through heavy briefing and intense litigation, I was able to get the entire case dismissed. Indeed, after my briefing was concluded, it was evident that the federal government would not seek to prosecute the matter too.

Federal re-prosecution is always a consideration in cases like this. Double jeopardy does not prevent the State and Federal governments from dual prosecutions because they are two soveriegns. The Federal precedent, however, will soon come into play as the State of New Mexico has started a DWI initiative that encourages the general public to anonymously report drunk drivers by calling a state-sponsored telephone number. I anticipate litigating many more anonymous tip-based stops in the future and I foresee several problems with the state requesting that the general public undertake law enforcement responsibilities that are generally left to trained professionals.

  • 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
Located at 1001 5th St. NW
Albuquerque, NM 87102.
View Map
Phone: (505) 633-8828
(505) 345-9616
Website:
© 2017 All Rights Reserved.

When You're

Ready to talk

Our firm is ready to listen. Call for a FREE case consultation.

Call Toll-Free 505.633.8828
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.