Federal and New Mexico state laws establish the common criminal law terms that lawyers use on a daily basis. Often called “legalese,” criminal law terminology can be confusing to understand. Even more challenging, you cannot be sure that you are applying the term correctly to your case without getting an attorney’s opinion.
Every case’s facts and circumstances are different. You don’t want to start your case out on misinformation if you ever face one.
In This Post
In this blog article, I share the definition of key legal terms as they relate to criminal law. My office will update this page regularly, so be sure to check back for new developments. As always, speak with a criminal defense lawyer in New Mexico if you need specific legal advice for your case.
Arrest
An arrest is a legal ability and authority to deny a person their freedom to move. It is typically made after a judge executes an arrest warrant. Arrests could be made without a warrant execution if apparent circumstances and probable cause existed at the time.
Check out the article, “[Infographic] What to Do If You Are Arrested or Detained,” to learn more.
Attorney-Client Privilege
Attorney-client privilege is a legal doctrine that keeps communications between a lawyer and his or her client confidential. Opposing parties cannot subpoena communications between a client and an attorney. However, there are specific elements that your attorney must disclose if you mention them.
For additional details about attorney-client privilege, please see this article, “Attorney-Client Privilege: Should You Tell Your Lawyer Everything?”
Expert Witness
Expert witnesses may be called upon by both prosecutors and defendants. They have expertise in a specific area that relates to your case. Either party can admit admissible evidence if the individual has extensive knowledge relevant to the opinion and possesses other technical or scientific skills to help a jury understand a fact.
Find out more about expert witnesses by reading this blog post: “Knowledge is Power: How to Use Expert Witnesses in Your Case.”
Felony
A felony is the most serious level of crime with which you can be charged. You can be investigated for or charged with a felony at the federal or State of New Mexico level. Under NMSA § 30-1-6, a New Mexico felony is a crime classification that permits a judge to order a sentence of a lifetime of imprisonment or a prison term of one (1) year or more.
Learn more about felonies by checking out the article, “What Is a Felony in New Mexico?”
Misdemeanor
Misdemeanors are not as severe as felony charges. However, they are still quite serious and could impact the rest of your life. For purposes of sentencing, New Mexico divides misdemeanors into two distinct categories: misdemeanors and petty misdemeanors.
For a misdemeanor conviction, someone could receive up to 364 days in jail and a fine of $1,000. Find out more about misdemeanors by reading my article, “What Is a Misdemeanor in New Mexico?”
Preliminary Hearing
A preliminary hearing is used as a screening process to mitigate the chance of hasty or imprudent criminal actions against an accused person. These actions prevent the individual from having to face public humiliation and anxiety. During a preliminary hearing, a judge will determine if a crime has been committed, and if so, the existence of probable cause against the defendant.
For more information about preliminary hearings, see this article: “What Is a Preliminary Hearing in New Mexico?”
Probable Cause
Probable cause is a legal standard used by which law enforcement must follow in order to arrest someone or obtain an arrest warrant. For either of these actions to occur, police must have a sufficient reason behind why they believe a suspect committed a crime.
It is also a standard that judges and juries use to issue criminal indictments. Probable cause exists to limit undue influence and power of authorities to unlawfully arrest people or practice abusive search and seizures.
Attorneys Help You Understand Common Criminal Law Terms
Whether you are being questioned or facing a criminal trial, the legal terms associated with criminal law can be hard to understand. If you hire a New Mexico criminal defense attorney, we will help you understand common criminal law terms that apply to your case.
More importantly, we can protect your rights and mount a legal defense that seeks the best possible outcome. From expert witnesses to challenging the prosecutor’s evidence, I look out for every legal opportunity to keep my clients from unnecessarily accepting responsibility for a crime.
Free Case Strategy Session with Criminal Defense Attorney
For a Free Case Strategy Session with Grano Law Offices, P.C., call (505) 426-8711 or message us using the contact form at the bottom of this page. We offer secure video and phone chat to make our services convenient for you.
