Written By
Valerie Catalano, J.D.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Getting charged with a crime can derail your entire life. It can lead to imprisonment, hefty fines, a permanent criminal record or probation. Therefore, hiring a criminal lawyer to help you resolve this situation with minimum damage is wise.
Forbes Advisor has prepared a list of the best criminal defense lawyers in Albuquerque to help you find the best representation in the city.
Why you can trust Forbes Advisor Legal
Criminal Defense Lawyers
Show Summary
Best Albuquerque Criminal Defense Lawyers
Ahmad Assed
NM Bar Association Status
Active
Year Admitted to NM Bar
1995
Law School Attended
University of New Mexico School of Law
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Jerry Daniel Herrera
NM Bar Association Status
Active
Year Admitted to NM Bar
1978
Law School Attended
University of New Mexico School of Law
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Erlinda O. Johnson
NM Bar Association Status
Active
Year Admitted to NM Bar
1995
Law School Attended
University of New Mexico School of Law
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Alexandra W. Jones
NM Bar Association Status
Active
Year Admitted to NM Bar
2013
Law School Attended
University of New Mexico School of Law
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Paul John Kennedy
NM Bar Association Status
Active
Year Admitted to NM Bar
1976
Law School Attended
Georgetown University Law Center
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Ian Fitzgerald King
NM Bar Association Status
Active
Year Admitted to NM Bar
2005
Law School Attended
University of New Mexico School of Law
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Paul M. Linnenburger
NM Bar Association Status
Active
Year Admitted to NM Bar
2005
Law School Attended
University of New Mexico School of Law
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Marc M. Lowry
NM Bar Association Status
Active
Year Admitted to NM Bar
1999
Law School Attended
University of New Mexico School of Law
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Phillip G. Sapien
NM Bar Association Status
Active
Year Admitted to NM Bar
1991
Law School Attended
University of Arizona James E. Rogers College of Law
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Peter Schoenburg
NM Bar Association Status
Active
Year Admitted to NM Bar
1978
Law School Attended
Rutgers School of Law - Newark
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Compare Top Albuquerque Criminal Defense Attorneys
What Is a Criminal Defense Lawyer?
Criminal laws can be complicated and confusing, and even minor mistakes can lead to major setbacks in your case. A criminal defense lawyer specializes in criminal law and possesses the knowledge and experience to defend people in criminal matters. They can help you navigate the complex legal system and build a strong defense for your case.
If you are charged with a crime, it is generally a good idea to hire a criminal defense lawyer as soon as possible. They can contact the witnesses, collect evidence, build your case and represent you in court to increase your chances of securing a dismissal, acquittal, lesser penalty or a good plea bargain.
Public Defenders vs. Private Criminal Attorneys
The U.S. Constitution guarantees the right to counsel for criminal defendants even if they cannot afford to hire an attorney. If you can pay for legal representation, you can hire a private criminal attorney. However, if you can’t, you can apply to be represented by a public defender.
Both public defenders and private attorneys are well-qualified and experienced lawyers who prioritize the welfare of their clients. The difference lies in the following:
- Cost. If you hire a private criminal attorney, you pay their fee yourself. Private lawyers can charge an hourly rate, retainer or flat fee that can amount to thousands of dollars. However, if you are eligible to hire a public defender, you do not pay for the lawyer’s services since public defenders receive a salary from the state.
- Eligibility. In New Mexico, you can be represented by a public defender if you are charged with a jailable offense and you cannot afford to hire a private lawyer. You must submit information about your net income, assets and number of dependants to check your eligibility. If you are not eligible to hire a public defender, you can work with a private criminal attorney. Many private attorneys occasionally represent clients pro bono, where they do not charge any fee or only a percentage of their total fee, depending on the client’s financial condition.
- Caseload. Unlike private attorneys, public defenders cannot limit their caseload. As a result, they are often overworked and can only assign limited time to each case. Private criminal attorneys, however, have the wavelength to give your case enough priority to answer all your questions and be available during the entire duration of your case.
Should You Represent Yourself in a Criminal Case?
The fundamental right to counsel includes the right to represent yourself in court. However, if you are charged with a crime that can lead to imprisonment, hefty fines or a criminal record, representing yourself may not be a good idea.
When you choose to defend yourself, the court treats you like an attorney. You must figure out the entire procedure, manage all the paperwork and conduct research and investigation yourself. A criminal defense attorney typically has an entire team dedicated to managing all the intricacies of a criminal matter. Therefore, you should consider all the possible options before waiving the right to counsel.
Understanding the Legal Process for Criminal Cases
- Arrest. After a crime is reported, the law enforcement officers investigate the possible charges and obtain an arrest warrant, if required. The suspect is placed under arrest.
- Preliminary hearing or grand jury hearing. This step is reserved only for felony cases and is skipped in misdemeanors. If the accused has not posted bail and is still in jail, this hearing is scheduled within 10 days. Here, the prosecutor submits evidence to show sufficient reasons to believe the defendant committed the crime. The defendant has the right to waive this step.
- Arraignment. The defendant is formally charged at this stage and required to enter a plea. Plea discussions typically begin at the preliminary hearing stage and can continue until the trial begins.
- Pretrial conference. If a plea deal is not reached, the parties prepare for a trial. The judge may also set the trial date during this hearing.
- Discovery stage. During this stage, both parties disclose to each other and the court the evidence and witnesses they may use in the trial.
- Trial. Both parties are given the opportunity to present their cases in front of the jury. The jury furnishes its verdict after weighing in the evidence presented by both parties.
- Sentencing. If the defendant is found guilty during the trial or has entered a plea of guilt, this hearing is scheduled to determine their punishment.
Resolving a Criminal Case in New Mexico
Most criminal cases are resolved before the trial begins. The accused often accepts a plea deal that allows them to serve a lower punishment by pleading guilty. The courts promote resolution through plea deals as it helps lower the burden on the criminal justice system. It is beneficial for the accused, too, as it helps them save thousands of dollars in trial, especially if there is concrete evidence to prove their guilt.
The court determines the final sentence based on the basic sentences prescribed by the New Mexico statutes and the mitigating and aggravating circumstances present in the case. The defendant’s sentence can also be deferred to probation. In this case, the defendant must follow the probation conditions to avoid imprisonment.
Once the defendant has served the basic sentence imposed by the court, they may be released on parole. If the conviction was for a first, second or third-degree felony, the parole will last for two years. For a fourth-degree felony, the defendant must complete a one-year parole under the supervision of the parole board.
Expungement in New Mexico
The New Mexico law allows you to get your criminal records removed after you have served your sentence, paid the required fines and completed the waiting period to apply for an expunction. Once expunged, your criminal records are removed from public view, but they are still accessible to certain government agencies, including law enforcement.
You are only eligible for an expunction if you do not have any ongoing criminal charges pending against you. There are certain crimes you cannot get expunged from your record, including any crimes against a child, sexual offenses and DUI.
How To Choose the Best Criminal Defense Lawyer in Albuquerque, NM
Your choice of the criminal defense lawyer for your case largely determines its outcome. So, you should not make this decision lightly. Here are a few things to keep in mind when finding a great attorney for your case.
- Budget. Criminal defense lawyers can be expensive. Depending on how quickly your case is resolved, you may spend thousands of dollars during the proceedings. Therefore, ask your lawyer about their fee and the total possible expense on the case before hiring them.
- Compatibility. Criminal cases can easily last up to a year. So, when you hire a criminal lawyer, you will spend considerable time with them and heavily rely on them throughout your case. Therefore, it is a good idea to hire a lawyer you trust. Most criminal defense lawyers offer free first consultations. You can take advantage of this offering and talk to a few lawyers to gauge your compatibility before making the final decision.
- Testimonials. Before hiring a lawyer, you should read their feedback and reviews from previous clients. These can be found on the lawyer’s website or other review websites. If a lawyer has a high success rate with previous clients, chances are they can replicate similar results for your case.
Albuquerque Criminal Defense Resources
These resources can help you obtain information about your case.
Our Methodology for Finding the Best Albuquerque Criminal Defense Attorneys
Forbes Advisor considered many factors to determine the best criminal defense lawyers in Albuquerque of 2024. Its mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. However, this information should not be considered comprehensive. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs) About Criminal Defense
What standard of proof is necessary to find a defendant guilty as charged?
Which type of crime may not afford the defendant the right to a court-appointed attorney?
How much does an average Albuquerque criminal defense lawyer cost?
Local News
Comments / 0