Article 15s are also called non judicial punishment. When you are offered the Article 15, you have a choice if you want to accept it or not. If you decide not to accept your Article 15, the commander may take you to court.

Sometimes, accepting the Article 15 is the best outcome if you are committed the alleged offense because this avoids a conviction that may affect you for the rest of your life. If you have a good case that you did not commit the offense, it is worth consulting with your lawyer to determine if turning down the Article 15 and possibly going to court is the right decision for you.

I recommend you speak with me if you are about to be offered an Article 15 by your commander at Kirtland Air Force Base, Albuquerque, New Mexico, to explore your options.

Typically, if this is your first DWI offense, Kirtland Air Force Base, Albuquerque, New Mexico, lawyers will recommend to the commander that you receive non judicial punishment also known as an Article 15.

Non judicial punishment is what it says, “non judicial” meaning you will not receive a conviction from the DWI offense.  However, receiving non judicial punishment may have severe consequences to your military pay career.  I recommend you speak with me if you are subject to a Kirtland Air Force Base, New Mexico, Article 15 or non judicial punishment.

Yes.  It is a matter of whether or not the military will take jurisdiction of the case from the district attorney you received the DWI.

The military has world-wide jurisdiction over military members.  What this means if you get a DWI anywhere in the world regardless where you are stationed, the military can prosecute you for DWI.

In Albuquerque, NM, it is common for base lawyers to request jurisdiction from the state, and for the state to grant jurisdiction to the military.

If you’re in the military and have been arrested for DWI, call me at 505-750-8442 for a free consultation about your drunk driving arrest.

An individual was arrested for DWI and asked for the breathalyzer and the police officers said no.  The police officer claims he refused to give a blood test but he has pictures where they clearly tried to draw blood. What legal rights does he have in this case?

This situation raises a host of issues. As regards to the allegation of DWI, it is critical you seek the representation of a criminal attorney who can guide you through the myriad of legal venues you will need to navigate to protect your driver’s license and to defend yourself against the allegation of DWI. You have only 10 days from the date of your citation to challenge the state’s intention to suspend your driver’s license by requesting a MVD hearing.

Additionally, New Mexico law allows for increased sanctions and penalties depending on whether a breath or blood test is refused. If this sort of situation has happened to YOU, contact me, Criminal Lawyer Anthony Spratley, 24/7 at 505-750-8442 to protect your rights!

In New Mexico, the DWI cases must be disposed of within six months following the issuance of the DWI citation.  The best basis to fight the ticket will have to be something based upon the facts of the case and the potential legal defects in the state’s case, such as improper stop, SFSTs and breathalyzer results. This will change case by case since there is no “one size fits all” when it comes to these types of charges.

If you or someone you know is having difficulties regarding a DWI case, contact me, Criminal Lawyer Anthony Spratley, immediately at (505)750-8442 to make certain to protect your rights.

A statement from an intoxicated person may be admissible in Court. If you were being arrested and charged with an offense, the police may also have recorded the interview, which would also be potentially admissible in Court.

If we’re talking about a post-Miranda interview, then there may be an issue with the validity of the advisement and waiver.

Personally, I suggest you consult directly with me, Albuquerque Criminal Lawyer Anthony Spratley, before you go to Court to discuss the charge(s) and the proofs the State will seek to use to prosecute you. Your Albuquerque Criminal Defense Attorney can be reached at (505)750-8442, anytime day or night.

Because you signed a waiver of counsel does not mean you are stuck without an attorney.  Tell the judge you made a mistake by waiving your right to one. Many judges will give you another court date in which to find a court appointed attorney.

Further, I suggest you contact your local public defender’s office to see if you qualify for their assistance.

If you or someone you know have questions concerning an upcoming court date or your legal representation, feel free to call Albuquerque Criminal Lawyer Anthony Spratley at 505-750-8442 for the answers you need.

All misdemeanors are criminal cases and/or criminal convictions.

In New Mexico, drunk driving convictions are criminal convictions. While they are labeled as misdemeanors, the statute citation is usually under the motor vehicle code and they are thereby criminal convictions.

If you have any questions regarding a misdemeanor or criminal case, feel free to contact Albuquerque Criminal Lawyer Anthony Spratley at 505-750-8442 for a complimentary consultation.

Recently, I received a phone call. The caller said, “My boyfriend violated his probation and was caught after he was involved in a car accident. He has to go to court tomorrow on his probation violation. Is it possible for him to get put back on probation, or will the DA ask the question, “how do we know that you will not commit another probation violation?”

I told her the prosecutor is likely to bring up the exact point you made: “how do we know that you will not commit another probation violation?” If I were in the prosecutor’s shoes, I would make the same argument. Even if he does not, the judge will, most likely, be thinking the same thing himself.

Often, the law gives a judge some leeway in what to do in a case like this. A local, experienced criminal defense lawyer can not only tell you what the judge can do, he can also give you an idea of what the judge is likely to do. He can also advise you on the most effective strategy for getting your boyfriend’s probation reinstated.

If you or someone you know is experiencing legal issues regarding probation or any other aspect of criminal law, contact the law office of Attorney Anthony Spratley at 505-750-8442 for legal advice.

Wiretapping can be done by federal or state authorities and judicial warrants are usually required for the police to take action. The phone’s owner is not as important as who is talking on the phone.

If you have questions regarding the legal actions that state or federal authorities can take with regard to your privacy, contact Albuquerque attorney Anthony Spratley at 505-750-8442 for a free consultation.