What do I do after I've been charged?
After you have been arrested and charged with a violation of the law, it is important to keep in mind there are some processes that need to be completed timely. In particular, when you are charged with Driving While Under the Influence, you MUST submit a request for hearing to the Motor Vehicle Division to request a license. We provide you with the form you need below along with some additional tips for what to do after you have been charged!
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Depending on the type of charge you have pending, it is important to keep in mind that certain events trigger timelines that must be followed. If you were arrested and released without seeing a judge, you will receive a summons for either an arraignment (misdemeanor) or for a first appearance (felony). You want to make sure that the Court has your current mailing address so that you receive the summons and do not miss your court date. If you miss court, they can issue a warrant for your arrest. Recent changes do not allow you to pay the warrant fee, but instead, you will be held in jail until you see a judge if a warrant is issued. Hiring an attorney prior to your arraignment or first appearance can help avoid warrants! We will advise you of your rights, the charges against you, and the potential penalties, then we will submit a waiver of arraignment or first appearance. Not only does this speed up the process, but it also allows you to avoid having to take time off work for this hearing.
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If you have been arrested for DWI, you most likely would have been issued a Notice of Revocation (Example). This document should have been given to you by the arresting officer. You have 10 days to mail in the request for hearing along with a $25 check made out to the Motor Vehicle Division Administrative Hearing Office. If you do not mail this request timely, YOUR LICENSE WILL BE REVOKED AFTER 20 DAYS. Once your license is revoked, you are required to install an ignition interlock and get the interlock license. If you contact our office immediately after your arrest, we will make sure that this letter is mailed timely and handle the administrative hearing for you! If you would like to mail the Request for Hearing yourself, we have provided the form HERE for you to download.
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If you have already been arraigned prior to being released from jail, the judge would have set conditions of release (Example). The conditions can vary, and it is imperative you follow these conditions as set by the Court. If there are any conditions that need to be modified, our office will submit a request to get these changes made for you. These modifications may include: changing the travel restrictions so you may travel throughout the State or for a planned trip; allowing to have peaceful contact with another party that may be a witness in the case; or removing you from having to contact pretrial services. If you were ordered to contact pretrial services as a condition of your release, it is imperative that you contact them as frequently as they require (Contact Info for PTS). If you do not stay in contact with them as required, they will submit a violation to the Court, and the Court may revoke your conditions of release which could mean that you are held in jail pending trial, or they may impose more strict conditions of release. Please let us know of any requests that you may need to change during your consultation so we may act as fast as we can to ensure that you are not in violation of any of your conditions of release!
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A judge is randomly assigned to your case after the charges are filed. You may excuse the judge that is assigned to your case within 10 days after arraignment as a matter of right if you so choose. If you need help in determining if a judge is suitable for your case, we can help advise you of the advantages or disadvantages of excusing the judge you were assigned. If you know you would like to dismiss the current judge that is assigned to your case, we have included a blank excusal form you may file pro se prior to hiring an attorney.
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Make sure the Court has all of your current information. If you change the phone number that you gave to the Court or the address other than what is on your Driver's License, make sure that you update the Court as soon as anything changes. Once you have an attorney, make sure to keep your attorney apprised of any changes so that we can keep the Court updated. Note: if you are a victim of domestic violence and need your address kept confidential, please let us know so we can take appropriate measures to do this.
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This list is not comprehensive, and there are many important details to keep in mind. Most importantly, DO NOT MISS ANY HEARINGS! You can check for hearing dates and times on NM Courts Case Lookup. Our office uses a case management system to keep you informed of all important dates, notices of hearings and if you need to be there, and we review the details of your case throughout the entire process. Staying informed throughout your case can help ease any concerns you may have.
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Contact our office today to set up a free consultation. We can do telephonic consultations, virtual consultations, or we can meet in person at a location that is convenient for you.
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CLICK HERE for information about the local courthouses including their addresses.
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