Are you searching for the best criminal defense and family attorney/lawyer in New Mexico? If so, then it is important to understand how criminal and family courts collide. There’s no way to sugar coat it, your criminal case will impact your custody and divorce case. Consequently, it is necessary to have an attorney with criminal and family law experience.
The best criminal defense and family law attorney/lawyer will have the following:
- Battle-tested trial experience with criminal and family law cases;
- Experiencing handling criminal issues that impact family issues; and
- Experience and understand of criminal and family courts.
Let’s examine the ingredients that make the best criminal defense and family attorney/lawyer.
TRIAL EXPERIENCE
You can’t fake trial experience, you either have it or don’t. Trial experience enables a lawyer to distinguish the gray areas of New Mexico law. Also, trial experience enables an attorney to understand when the other side’s offer is unreasonable. in other words, trial experience enables your attorney to secure the best outcome possible.
Criminal and family courts are separate and distinct courthouses. With that said, sometimes criminal court collides with family court. This collision often occurs with:
- Child abuse;
- Violence crimes;
- Arrests involving substance abuse issues; and
- Domestic violence charges when children are involved.
Most commonly, criminal and family courts intersect with domestic violence. You see, family court judges are greatly concerned by domestic violence within a home. For instance, family court judges often find that DV issues indicate other issues within a home. These issues may include:
- Mental health issues;
- Substance abuse issues;
- Violence; or
- Instability or safety concerns.
In turn, these issues create concerns regarding your child’s best interest. Namely, the issues can cause your family court judge to believe that your home is potentially dangerous. Because of this fact, your judge may decide that the current custody and visitation schedule is no longer in your child’s best interests.
In other words, your criminal case can greatly impact your family court case.
JURY TRIALS — BEST CRIMINAL DEFENSE & FAMILY ATTORNEY/LAWYER IN NEW MEXICO
Criminal cases often involve jury trials. Specifically, criminal trials are usually decided by a group of your peers. With jury trials, your assigned judge determines legal issues – and your peers decide guilt or innocence.
Family court issues, on the other hand, are almost always decided by your judge. Ultimately, your family court judge decides:
- Legal issues;
- Credibility; and
- Your child’s best interests.
Most importantly, family court judges have immense power to determine a child’s best interests. Moreover, it is very difficult to appeal a family court judge’s final decision. Therefore, it is essential to have an experienced family law attorney that understands:
- Your judge’s personality and preferences;
- Potential issues with your case;
- Mistakes that will haunt your case; and
- How to prepare the best case possible.
EVIDENTIARY HEARINGS
Are you going through a divorce or separation? If so, does your case involve custody or visitation issues? More specifically, are you and your ex unable to agree on custody and visitation issues? In this situation, your family court judge will decide your child’s best interests. In doing so, your judge will decide what custody and visitation are appropriate.
Your judge will likely schedule an evidentiary hearing, to make a determination. This evidentiary hearing may include:
- Court Clinic involvement and recommendations;
- Guardian Ad Litem involvement and recommendations; or
- 11-706 expert custody evaluation.
An evidentiary hearing is essentially a hearing where witnesses and evidence are presented. Most importantly, your judge determines your child’s best interests, based on these witnesses and evidence.
RESTRAINING ORDER OF PROTECTION
Restraining Order of Protections involve the family courts “DV Division.” However, Restraining Orders are similar in nature to criminal domestic violence charges. Most importantly, Restraining Orders and domestic violence charges often overlap and are filed simultaneously.
In New Mexico, Restraining Order of Protections are filed under the family violence protection act. At their core, Restraining Order of Protections involve:
- Household members;
- At times, children;
- Allegations of abuse;
- Allegations that abuser poses an immediate threat of future harm.
Does your Restraining Order involve children? If so, then a Temporary Restraining Order could grant your ex sole legal custody until a hearing is held. At the hearing, a Restraining Order of Protection being entered could:
- Create a temporary custody and visitation schedule for 6 months; and
- Haunt your future custody and visitation case in DM Court.
Because of these consequences, it is essential to speak with an experienced criminal and family attorney/lawyer.
DOMESTIC VIOLENCE — BEST CRIMINAL DEFENSE & FAMILY ATTORNEY/LAWYER IN NEW MEXICO
Domestic violence charges are criminal in nature. This means that your DV case will flow through criminal court. Domestic Violence and Restraining Order of Protections both involve household members. Additionally, both center on allegations of abuse. Also, both often order “no contact” between the alleged abuser and alleged victim.
Differences include:
- Domestic Violence charges occur in criminal court;
- Restraining Order of Protection cases happen in family court’s DV Division;
- Domestic Violence charges involve a judge and often include jury trials;
- Restraining Orders involve a hearing officer and much shorter hearing;
- Domestic Violence must be proved beyond a reasonable doubt; and
- Restraining Orders must only be proved by a preponderance of the evidence.
EXPUNGEMENT
Expungement is the ability to clear criminal charges from your record. In some cases, your past criminal charges can be erased.
Although expungement deals with criminal charges, the process is civil in nature. For instance, the request and hearings are held in civil court. Because expungement is civil in nature, it is essential to have an attorney that understands both criminal and civil court. Moreover, because family court is civil in nature – family attorneys are experienced with civil rules and procedures.
For more information on expungement, click HERE.
BEST CRIMINAL DEFENSE & FAMILY ATTORNEY/LAWYER IN NEW MEXICO
Are you still searching for the best criminal defense and family attorney/lawyer in New Mexico? For over a decade, Matthew Legan Sanchez has successfully handled domestic violence charges. Look no further, Sanchez has handled domestic violence matters all across New Mexico, including Estancia/Socorro, Los Lunas/Belen, Rio Rancho, and Albuquerque. Also, Sanchez has handled Restraining Orders all across New Mexico, including Raton, Estancia, Santa Fe, Los Lunas/Belen, Rio Rancho, and Albuquerque. Call (505) SANCHEZ today.
