Hiring a New Mexico Criminal Defense Lawyer
Word of mouth is a good way to find a lawyer. Online services like Avvo, Martindale Hubbell and lawyers.com can give you more information. Google “criminal-defense lawyer” and your city might bring up some possible names. Using the criminal defense section under Attorneys in the yellow pages is a last resort.
Usually lawyers provide a “free consultation” where you can either talk to them on the phone or visit with them at their office. At this time you can discuss their fee structure and also get a better idea whether you feel comfortable entrusting your case and possibly your liberty in the hands of this lawyer rather than another one.
Can I hire civilian counsel?
The short answer is “yes,” but be sure the civilian counsel has some experience handling military cases. While courts-martial are similar to federal district court cases, there are also big differences that can throw off a private counsel that is not expecting them.
What about keeping my military lawyer and hiring civilian counsel. Is this possible?
Yes! In civilian courts, once a defendant hires a private lawyer, the public defender must withdraw from the case. In military courts-martial, the accused has the right to have both a civilian lawyer paid out of your pocket AND the designated military lawyer at no personal expense. A lot depends on the personality and style of the civilian lawyer, but even with years of prior military experience I have found as lead counsel that keeping the military lawyer on the case is a big asset. The military lawyer may not be as experienced, but s/he has inside information about the judge, the military prosecutor, the Staff Judge Advocate, how similar cases were handled in the recent past, recent case law, tracking down military witnesses, processing chapter discharges in lieu of court-martial, and other information. It is the best of both worlds – two offices working together to give you the best possible defense team!
Not Talking to the Police Before you Hire an Attorney: Better Safe than Sorry
The short answer is No! Do not do it! The police would like nothing better than to wrap up their investigation with telling admissions from the person accused of a crime, and will try and convince you that it is in your best interest to tell your side of the story.
That may or may not be true, but there is no way for you to be sure unless you first hire an experienced criminal lawyer to discuss your situation in private. Despite what the officers tell you, you can always go back AFTER getting legal advice to set the record straight. Often people explain what they think is a valid defense, but the lawyer finds himself boxed in by the statement and how it might differ from physical evidence in the case. The safest approach, short of explaining how you were in Canada when the crime took place, is to remain silent until you get more information about what the police are investigating.
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