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	<title>Albuquerque Criminal Lawyer – DWI/DUI Attorney Albuquerque, NM &#187; Q &amp; A</title>
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	<link>http://www.aspratley.com</link>
	<description>Albuquerque Criminal Lawyer Anthony Spratley offers Military JAG Prosecution &#38; Defense experience for those arrested for DWI &#38; Criminal matters in Albuquerque, New Mexico and surrounding counties.</description>
	<lastBuildDate>Tue, 11 Jun 2013 14:01:20 +0000</lastBuildDate>
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		<item>
		<title>I Had Sex With A Friend At A Party But Was Just Arrested For A Sex Crime.  What Should I Do?</title>
		<link>http://www.aspratley.com/2013/06/i-had-sex-with-a-friend-at-a-party-but-was-just-arrested-for-a-sex-crime-what-should-i-do/</link>
		<comments>http://www.aspratley.com/2013/06/i-had-sex-with-a-friend-at-a-party-but-was-just-arrested-for-a-sex-crime-what-should-i-do/#comments</comments>
		<pubDate>Tue, 11 Jun 2013 14:01:20 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[State Crimes]]></category>

		<guid isPermaLink="false">http://www.aspratley.com/?p=301</guid>
		<description><![CDATA[First, you have the right to remain silent. Second, consult with an Albuquerque, New Mexico lawyer about your rights. Sex crimes are complex cases and you need the help of an experienced sex crime lawyer. Date rape or acquaintance rape allegations can turn your life upside down. The consequences of a sex crime conviction can [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>First, you have the right to remain silent.  Second, consult with an Albuquerque, New Mexico lawyer about your rights.</p>
<p><a href="http://www.aspratley.com/rape-sex-offenses/">Sex crimes are complex cases</a> and you need the help of an experienced sex crime lawyer.  Date rape or acquaintance rape allegations can turn your life upside down.</p>
<p>The consequences of a sex crime conviction can be severe not only to your reputation in the local community and your job, but will have a long term  consequence as a registered sex crime offender in Albuquerque. Investigation of sex crime allegations must occur immediately for preservation of evidence.</p>
<p>For a free consultation, contact me at 505-750-8442.</p>
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			<wfw:commentRss>http://www.aspratley.com/2013/06/i-had-sex-with-a-friend-at-a-party-but-was-just-arrested-for-a-sex-crime-what-should-i-do/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
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		<title>I Received A Metro Court Summons In The Mail.  What Does This Mean?</title>
		<link>http://www.aspratley.com/2013/06/i-received-a-metro-court-summons-in-the-mail-what-does-this-mean/</link>
		<comments>http://www.aspratley.com/2013/06/i-received-a-metro-court-summons-in-the-mail-what-does-this-mean/#comments</comments>
		<pubDate>Tue, 04 Jun 2013 16:31:59 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[State Crimes]]></category>

		<guid isPermaLink="false">http://www.aspratley.com/?p=297</guid>
		<description><![CDATA[The summons you received is a criminal summons. What this means to you is that you must appear at the date and time printed on your summons. If you cannot make it at that date and time, you must notify the court right away. Depending on the nature of your offense, the judge will set [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>The summons you received is a criminal summons.  What this means to you is that you must appear at the date and time printed on your summons.  If you cannot make it at that date and time, you must notify the court right away.</p>
<p>Depending on the nature of your offense, the judge will set a bond or continue your release on your own recognizance if you were not previously arrested for the criminal offense.  Typically at the hearing, you will enter a plea of guilty, no contest or not guilty.</p>
<p>I recommend you contact me right away if you have received an Albuquerque, New Mexico metro court summons to discuss your rights.</p>
]]></content:encoded>
			<wfw:commentRss>http://www.aspratley.com/2013/06/i-received-a-metro-court-summons-in-the-mail-what-does-this-mean/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
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		<title>I received a sentence after being found guilty of a crime in Albuquerque, New Mexico. I want the judge to reconsider my sentence because I do not think it is fair.  Is that possible?</title>
		<link>http://www.aspratley.com/2013/05/i-received-a-sentence-after-being-found-guilty-of-a-crime-in-albuquerque-new-mexico-i-want-the-judge-to-reconsider-my-sentence-because-i-do-not-think-it-is-fair-is-that-possible/</link>
		<comments>http://www.aspratley.com/2013/05/i-received-a-sentence-after-being-found-guilty-of-a-crime-in-albuquerque-new-mexico-i-want-the-judge-to-reconsider-my-sentence-because-i-do-not-think-it-is-fair-is-that-possible/#comments</comments>
		<pubDate>Fri, 24 May 2013 18:33:30 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[State Crimes]]></category>

		<guid isPermaLink="false">http://www.aspratley.com/?p=292</guid>
		<description><![CDATA[Yes. In Albuquerque, New Mexico, for all convictions, you can request the judge to reconsider the terms of a sentence. This can be helpful if you believe the sentence was unlawful or unconstitutional. You have a short time period to file for reconsideration of your sentence, so, I recommend you call me today to discuss [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>Yes.  In Albuquerque, New Mexico, for all convictions, you can request the judge to reconsider the terms of a sentence.  This can be helpful if you believe the sentence was unlawful or unconstitutional.</p>
<p>You have a short time period to file for reconsideration of your sentence, so, I recommend you call me today to discuss how we can help you to get the Albuquerque, New Mexico courts to reconsider your sentence.</p>
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			<wfw:commentRss>http://www.aspratley.com/2013/05/i-received-a-sentence-after-being-found-guilty-of-a-crime-in-albuquerque-new-mexico-i-want-the-judge-to-reconsider-my-sentence-because-i-do-not-think-it-is-fair-is-that-possible/feed/</wfw:commentRss>
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		<title>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?</title>
		<link>http://www.aspratley.com/2013/05/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/</link>
		<comments>http://www.aspratley.com/2013/05/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/#comments</comments>
		<pubDate>Wed, 08 May 2013 14:41:15 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Military & Dependents]]></category>

		<guid isPermaLink="false">http://www.aspratley.com/?p=286</guid>
		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>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.</p>
<p>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.</p>
<p>I recommend you speak with me if you are about to be offered an Article 15 by your commander at <a href="http://www.aspratley.com/military-personnel/" title="Military Personnel">Kirtland Air Force Base</a>, Albuquerque, New Mexico, to explore your options.</p>
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			<wfw:commentRss>http://www.aspratley.com/2013/05/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/feed/</wfw:commentRss>
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		<title>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?</title>
		<link>http://www.aspratley.com/2013/04/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/</link>
		<comments>http://www.aspratley.com/2013/04/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/#comments</comments>
		<pubDate>Tue, 23 Apr 2013 12:44:56 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Military & Dependents]]></category>

		<guid isPermaLink="false">http://www.aspratley.com/?p=281</guid>
		<description><![CDATA[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, &#8220;non judicial&#8221; meaning you will not receive a conviction from the DWI offense.  However, receiving [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>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.</p>
<p>Non judicial punishment is what it says, &#8220;non judicial&#8221; 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.</p>
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			<wfw:commentRss>http://www.aspratley.com/2013/04/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/feed/</wfw:commentRss>
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		<title>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?</title>
		<link>http://www.aspratley.com/2013/04/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/</link>
		<comments>http://www.aspratley.com/2013/04/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/#comments</comments>
		<pubDate>Mon, 08 Apr 2013 21:14:01 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[DWI In Albuquerque]]></category>

		<guid isPermaLink="false">http://www.aspratley.com/?p=276</guid>
		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>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.</p>
<p>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.</p>
<p>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.</p>
<p>If you&#8217;re in the military and have been arrested for DWI, call me at 505-750-8442 for a <a href="http://www.aspratley.com/dwi/">free consultation about your drunk driving arrest</a>.</p>
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			<wfw:commentRss>http://www.aspratley.com/2013/04/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/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
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		<title>Individual Mistreated By Police During DWI Testing</title>
		<link>http://www.aspratley.com/2012/10/individual-mistreated-by-police-during-dwi-testing/</link>
		<comments>http://www.aspratley.com/2012/10/individual-mistreated-by-police-during-dwi-testing/#comments</comments>
		<pubDate>Wed, 03 Oct 2012 00:43:02 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[DWI In Albuquerque]]></category>

		<guid isPermaLink="false">http://www.aspratley.com/?p=273</guid>
		<description><![CDATA[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. [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>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?</p>
<p>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&#8217;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&#8217;s intention to suspend your driver&#8217;s license by requesting a MVD hearing.</p>
<p>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, <a href="http://www.aspratley.com/">Criminal Lawyer Anthony Spratley</a>, 24/7 at 505-750-8442 to protect your rights!</p>
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			<wfw:commentRss>http://www.aspratley.com/2012/10/individual-mistreated-by-police-during-dwi-testing/feed/</wfw:commentRss>
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		<title>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?</title>
		<link>http://www.aspratley.com/2012/09/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/</link>
		<comments>http://www.aspratley.com/2012/09/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/#comments</comments>
		<pubDate>Mon, 24 Sep 2012 05:00:50 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[DWI In Albuquerque]]></category>

		<guid isPermaLink="false">http://www.aspratley.com/?p=270</guid>
		<description><![CDATA[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&#8217;s case, such as improper stop, SFSTs and breathalyzer [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>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&#8217;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.</p>
<p>If you or someone you know is having difficulties regarding a DWI case, contact me, <a href="http://www.aspratley.com/">Criminal Lawyer Anthony Spratley</a>, immediately at (505)750-8442 to make certain to protect your rights.</p>
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			<wfw:commentRss>http://www.aspratley.com/2012/09/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/feed/</wfw:commentRss>
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		<title>Can A Statement From A Very Intoxicated Person Be Used In Court? Is It Legal To Record A Statement Without The Person’s Consent?</title>
		<link>http://www.aspratley.com/2012/09/can-a-statement-from-a-very-intoxicated-person-be-used-in-court-is-it-legal-to-record-a-statement-without-the-persons-consent/</link>
		<comments>http://www.aspratley.com/2012/09/can-a-statement-from-a-very-intoxicated-person-be-used-in-court-is-it-legal-to-record-a-statement-without-the-persons-consent/#comments</comments>
		<pubDate>Mon, 10 Sep 2012 03:28:51 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Laws]]></category>

		<guid isPermaLink="false">http://www.aspratley.com/?p=266</guid>
		<description><![CDATA[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&#8217;re talking about a post-Miranda interview, then there may be an issue with the validity of the [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>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.</p>
<p>If we&#8217;re talking about a post-Miranda interview, then there may be an issue with the validity of the advisement and waiver.</p>
<p>Personally, I suggest you consult directly with me, <a href="http://www.aspratley.com/">Albuquerque Criminal Lawyer Anthony Spratley</a>, 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.</p>
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			<wfw:commentRss>http://www.aspratley.com/2012/09/can-a-statement-from-a-very-intoxicated-person-be-used-in-court-is-it-legal-to-record-a-statement-without-the-persons-consent/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
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		<title>I Signed For A Waiver Of Counsel. Am I Now Stuck Without A Lawyer? What Should I Do?</title>
		<link>http://www.aspratley.com/2012/09/i-signed-for-a-waiver-of-counsel-am-i-now-stuck-without-a-lawyer-what-should-i-doi-signed-for-a-waiver-of-counsel-am-i-now-stuck-without-a-lawyer-what-should-i-do/</link>
		<comments>http://www.aspratley.com/2012/09/i-signed-for-a-waiver-of-counsel-am-i-now-stuck-without-a-lawyer-what-should-i-doi-signed-for-a-waiver-of-counsel-am-i-now-stuck-without-a-lawyer-what-should-i-do/#comments</comments>
		<pubDate>Mon, 03 Sep 2012 23:44:33 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Laws]]></category>

		<guid isPermaLink="false">http://www.aspratley.com/?p=260</guid>
		<description><![CDATA[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&#8217;s office [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>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.</p>
<p>Further, I suggest you contact your local public defender&#8217;s office to see if you qualify for their assistance.</p>
<p>If you or someone you know have questions concerning an upcoming court date or your legal representation, feel free to call <a href="http://www.aspratley.com/">Albuquerque Criminal Lawyer Anthony Spratley</a> at 505-750-8442 for the answers you need.</p>
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			<wfw:commentRss>http://www.aspratley.com/2012/09/i-signed-for-a-waiver-of-counsel-am-i-now-stuck-without-a-lawyer-what-should-i-doi-signed-for-a-waiver-of-counsel-am-i-now-stuck-without-a-lawyer-what-should-i-do/feed/</wfw:commentRss>
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