Guide to Finding Albuquerque Lawyer

Daily life can often bring people into contact with the law. There are many different situations in which you may decide to seek out the services of an Albuquerque lawyer, but not all cases follow the same process. Different attorneys specialize in different areas of the law, and you may not always need private legal counsel. Here are a few things to keep in mind if you are thinking of hiring an Albuquerque lawyer.

The legal process

Civil and criminal courts handle different kinds of charges. In civil court, the police or a government agency charge an individual with a crime punishable by jail time or a financial penalty. There are three categories of criminal offenses:

• Felonies are the most serious kinds of crimes, such as murder and rape. Since 2009, the death penalty has been outlawed in New Mexico as a punishment, but life imprisonment can still be issued as a sentence.

• Misdemeanors cover less serious violations of the law, such as assault charges.

• Infractions are such minor offenses as speeding violations.

Unless you are charged with an infraction, you are entitled to free legal representation by an Albuquerque lawyer if you cannot afford an attorney’s private services. After you are arrested, you should listen to the advice of an attorney at every stage throughout the legal process:

• At your arraignment hearing, charges will be formally stated by the prosecution. Albuquerque lawyers can help you decide whether to plead “guilty,” “not guilty” or “no contest.” The prosecution may also offer you a plea bargain your attorney may advise you to accept.

• During the pretrial process, Albuquerque lawyers will regularly exchange any evidence they plan on presenting in court with the prosecution. As both sides examine the evidence, procedural errors committed while building a case against you may be discovered and cited in a motion to dismiss the trial. In many cases, the prosecution and defense will be able to reach a plea bargain.

• If you must still appear in court, an Albuquerque lawyer will present the strongest possible defense on your behalf. Should you be found guilty, at your sentencing hearing an attorney will attempt to have the severity of your sentence lessened.

Civil litigation follows a different set of rules. Here, a plaintiff files notice of a lawsuit with the applicable local, state or federal court. The person being sued will have a period to officially respond to charges such as:

• Failing to honor a business contract

• Workplace violations such as underpayment or sexual harassment

• Being responsible for someone else’s injuries

• Medical malpractice

Most such cases are resolved before both parties enter the courtroom. Unless a plaintiff specifically instructs their Albuquerque lawyer that they want to go to court, attorneys for both sides will most likely be able to negotiate a mutually agreeable financial settlement.

There are some situations in which an attorney can be helpful even though there is no imminent court date. “Transactional attorneys” are Albuquerque lawyers who work behind the scenes, reviewing and maintaining paperwork such as:

• Landlord-tenant agreements

• Contracts relating to real estate purchase

• Tax statements and any tax forms completed

• Mortgages

• Agreements between two businesses

• Wills

• Prenuptial agreements

Any situation in which two parties sign a legally binding document may contain complex technical language or commit you to obligations you may not be able to honor. If you can afford to retain an Albuquerque lawyer to practice preventive litigation by examining any such contracts, your chances of having to appear in court to defend against a lawsuit dramatically lessen.

In some cases, you may wish to consult an attorney to make sure you are filling out paperwork for simple legal procedures correctly. Non-English speakers completing immigration forms and couples filing for a mutually-agreed upon divorce are some people who may wish to ask an Albuquerque lawyer to make sure they have completed all the relevant forms correctly.

Assuming you are of sound mind, at no point during the legal process are you required to make use of an attorney. People in civil and criminal court are entitled to represent themselves in a “pro se” capacity. However, in most cases you should avail yourself of the advice of an Albuquerque lawyer. You do not have to follow their guidelines, but it will help your case if you are sure you are following both the letter and spirit of the law.

When to hire an Albuquerque lawyer

If you are facing criminal charges, you should immediately listen to the advice of any pro bono attorney the court assigns to represent you. People who must go to civil court are not entitled to free representation and will need to find an attorney on their own if they can afford one.

No two Albuquerque lawyers offer the same services. To find a qualified specialist in your field, ask friends and family for referrals. The State Bar of Arizona can also refer you to an attorney. Before committing to a meeting with any Albuquerque lawyers, check their disciplinary records online to confirm that they are in good legal standing.

You may need to meet with several attorneys before you find someone you feel comfortable hiring to represent you. This is not a professional relationship to rush into. Arrive for your first meeting with all Albuquerque lawyers prepared to ask many questions, including:

• What is your level of experience with my kind of case?

• How long can I expect my case to take before it is resolved?

• Who at your firm will be responsible for keeping me informed of any progress made on my behalf?

Make sure to receive a detailed, written estimation from any Albuquerque lawyers you talk to of both the timeline of your case and any expenses you can expect to incur in the process. Creating a strong attorney-client relationship at the outset will help prevent misunderstandings later on.