I am in the military stationed in Albuquerque, NM. I am going to receive an Article 15 from my commander. What is going to happen to me?

by admin on May 8, 2013

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.

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I am in the military stationed in Albuquerque, New Mexico and the base received jurisdiction over a DWI from the district attorney, what happens next?

by admin on April 23, 2013

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.

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I am in the military stationed in New Mexico. If I get DWI off base can the military take me to court for the DWI?

April 8, 2013

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 [...]

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Individual Mistreated By Police During DWI Testing

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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. [...]

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How Long Does A Typical DWI Case Take To Get To Trial In Albuquerque? What Are The Best Ways To Get The Charges Reduced Or Case Dismissed?

September 24, 2012

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 [...]

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Can A Statement From A Very Intoxicated Person Be Used In Court? Is It Legal To Record A Statement Without The Person’s Consent?

September 10, 2012

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 [...]

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I Signed For A Waiver Of Counsel. Am I Now Stuck Without A Lawyer? What Should I Do?

September 3, 2012

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 [...]

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When I Apply For A New Job, Does A Pending Misdemeanor Case Automatically Mean A Pending Criminal Case?

August 27, 2012

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 [...]

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My Boyfriend Violated His Probation. What Will Happen?

August 10, 2012

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 [...]

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What Kind Of Evidence Does The State Need To Be Able To Tap (bug) Your Phone?

July 30, 2012

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, [...]

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