FAQ » PC Attorney At Law In Farmington and Albuquerque NM

If the police stop me for a DUI investigation, do I have to submit to the roadside Field Sobriety Tests? What about the Breathalyzer test?

No, you do not. You can refuse to do the roadside field sobriety tests, the breath tests and even a blood test (although under certain circumstances, they can obtain a warrant for a blood sample). However, under the New Mexico Implied Consent Act law, refusal to submit to breath or blood tests can result in the revocation of your Driver’s License for one year, requiring you to obtain an ignition interlock device and an Interlock License.

What about those Fair DUI cards? Can I just hold one of those up to my window and stay in my car if I’ve been stopped?

I’ve had a lots of questions about these cards lately. They are available at http://www.fairdui.org. While the creators of the cards have the best of intentions, I DO NOT recommend using them. Officers have wide discretion to investigate and enforce the law. How do you know whether or not you’ve received a lawful order? Knowing your rights is good, but there’s a fine line between asserting your rights and obstructing an investigation. If you don’t know where that line is, don’t try and cross it on your own. Any mistakes the officer made can and will be sorted out later with the assistance of your attorney. As explained above, you can refuse to perform the various sobriety tests that they ask you to take, but you cannot refuse to roll down your window, or exit the vehicle if they ask you to.

I just got arrested for DUI and I didn’t even have anything to drink. Can they do that?

Yup, they can. You can be arrested for a DUI in the State of New Mexico, in any area, including Valencia County, Bernalillo County, and McKinley County if any drug or combination of drugs you ingest renders you “incapable of safely operating a motor vehicle.” This is true even if that medication was lawfully prescribed to you by a physician. However, this is a much higher burden of proof for the state.

I just got arrested for DUI. Should I request a hearing with the Motor Vehicle Division on the Proposed Revocation of my Driver’s License? How soon do I have to do it?

Yes! It is critical that you (or your attorney) request a hearing from the MVD within 10 days of your arrest. In addition to possibly saving your driving privileges, any defenses you may have to your DUI charge will usually emerge during the MVD hearing, which is an evidentiary hearing. Your attorney will capitalize on those defenses after the hearing. Oftentimes, information gained from the hearing can be used to throw out certain items of evidence that may be critical to the prosecution prior to trial. You should not attempt to argue the hearing on your own because you will be testifying under oath and any statements you make can be used against you in your DUI case. Your attorney should attend this hearing on your behalf.)

I am a suspect in a crime. The police say that if I will cooperate with their investigation and not “lawyer up,” they will help me. What do I do?

Make no mistake about it: that officer’s job is to investigate crime and if he or she has probable cause, to charge you with it. They are not there to “help” you. You may actually find yourself “admitting” to a crime you didn’t even know you were guilty of. Sound crazy? It isn’t. It happens every day.

If you are innocent, or there are mitigating circumstances, your attorney can help you get where you need to be. Your rights under the Fifth Amendment are some of the most valuable rights that you, as a U.S. citizen, have. Be smart. Lawyer up.

What factors come into play when making decisions in a child custody case?

There are several factors that are considered, depending on what applies to each individual situation. Some of them include the child’s age, sex, and health, mental and physical health of the parents, family lifestyle, bond between each parent and the child, the ability for each parent to provide for their needs, education, and the child’s preference, if he or she is over 12. Child custody laws vary in different counties as well, so if you live in Valencia, Bernalillo, or McKinley County, Adam can help you figure out the laws that apply to your situation. If some of these factors clearly favor one parent over the other, those will sway the decision. Talk to Adam H. Bell for more information on how he can help you in your child custody case.

In addition to physical assault, what other types of behavior are considered domestic abuse?

In addition to physical harm and sexual abuse, psychological assault and attacks against property and pets are also forms of abuse. These can includes isolation, forced financial dependence, verbal abuse, threats, and control; along with destruction of the person’s valuable items and harm to their pets.

If I am questioned by police, what are my rights?

You always have the right to refuse to answer any questions without an attorney present, even though the extent of your rights depends on the circumstances under which you are questioned. If you become a client of Adam H. Bell, you do not have to answer any questions without consulting him first if you don’t feel comfortable doing so.

What are common types of drug cases? Do you handle each of them?

The most common types of drug cases include charges involving marijuana, cocaine, methamphetamines, prescription drugs, conspiracies, and trafficking. Adam H. Bell handles all of these cases and more to help you through this legal process.

What does it mean when an abuse allegation is substantiated?

Substantiating an allegation means the maltreatment was confirmed by the amount of evidence required for a conviction. Investigators use the term “indicated” if there is not enough evidence to substantiate the case, but reason to suspect abuse has occurred and there is risk for future maltreatment.

What differentiates child neglect from child abuse?

While both harm the child, abuse is physical, emotional, or sexual harm done to the child that ranges from yelling and hitting to serious injury and inappropriate sexual conduct. Neglect happens when a child does not receive the medical care, shelter, clothing, food, or education they need. Adam H. Bell Attorney at Law will help you sort through the difficult details of your case and ensure a just resolution is reached. With a second office in Albuquerque, we are almost always available to take on your case.

Do you offer financing?

Yes, the law firm does offer financing to pay off fines, legal fees, and any other debt occurred during your case. Check back soon for more information.