Remain silent and request an attorney immediately. You have the constitutional right to remain silent.
Politely state: ‘I am invoking my right to remain silent and I want an attorney.’ Do not answer questions without your attorney present.

Misdemeanors carry penalties up to 364 days in county jail. Felonies carry state prison sentences ranging from 18 months for a fourth-degree felony to life imprisonment for first-degree felonies. The classification significantly affects your rights, sentencing, and future record.

Yes. New Mexico’s updated expungement law (NMSA 29-3A-1) allows many convictions, including some felonies, to be expunged. There is a waiting period that ranges from 1 year for petty misdemeanors to 10 years for certain felonies. Contact our office to evaluate your eligibility.

Immediately! Contact a lawyer before your arraignment if possible. Early representation is critical for protecting your rights, challenging evidence collection, negotiating bail, and building the strongest possible defense.

New Mexico courts determine custody based on the best interests of the child. Judges consider each parent’s relationship with the child, the child’s adjustment to home and school, each parent’s ability to provide stability, and each parent’s willingness to support the child’s relationship with the other parent.

Legal separation allows couples to live apart and divide property without legally ending the marriage. Divorce terminates the marriage entirely. Some couples choose legal separation for religious reasons, to maintain health insurance coverage, or while considering their long-term options.

New Mexico is a community property state. Most assets and debts acquired during the marriage are divided equally (50/50). Separate property, meaning any assets owned before marriage or received as a gift or inheritance, is generally not subject to division.

An uncontested divorce can be finalized in 30–90 days. Contested divorces involving disputes over property, custody, or support can take 6 months to over a year depending on complexity.

Yes. Without a will, New Mexico intestate succession laws determine how your assets are distributed. This may not match your wishes. A will gives you control over who receives your property, who manages your estate, and who cares for your minor children.

A will goes through probate court and becomes public record. A revocable living trust transfers assets directly to beneficiaries, often avoiding probate entirely. Trusts also offer more control over how and when assets are distributed to beneficiaries.

Probate is the court-supervised process of validating a will and distributing an estate. Estates under $50,000 may qualify for simplified small estate procedures. Larger estates go through formal probate, which typically takes 6–12 months.

Review your estate plan after major life events: marriage or divorce, birth of a child, significant asset changes, moving to a new state, or the death of a named beneficiary or executor. A good rule is to review every 3–5 years.