Education

BA, Honors, George Washington University, Washington DC (1976) JD, Saint Louis University, Saint Louis MO (1979) Greyfriars, University of Oxford, Great Britain (1983-1984) LLM, Military Law, JAG School, University of Virginia, Charlottesville VA (1985)

Awards & Honours

Biography

You may feel overwhelmed, frightened, but criminal charges call for action, not feelings. Even before the lower court judge decides to release you from jail, the first logical step is to hire a criminal defense lawyer. As the defendant, or someone trying to help, you need to find an attorney who handles your type of criminal case and is familiar with the local prosecutors and judges. A lawyer-friends probably do not practice criminal law but you could ask them for the name of someone who does. In years past, clients skimmed through pages of overpriced yellow page ads looking for the right lawyer, like throwing darts blindfolded. Most new clients now search on the internet (avvo.com and lawyers.com are good places to start – both rate lawyers from best to worst in each category after surveying local judges, fellow lawyers and former clients). The sooner you find an attorney, the better. Once hired, your defense lawyer may convince the prosecutor to drop lesser charges or at least issue a summons instead of an arrest warrant. For those already in jail on no bond, your lawyer can request a release hearing as soon as possible. At that hearing, he or she will ask the judge to allow you out without posting a bond, haggling over whether you are a danger to the community, a flight right, whether you need a GPS ankle bracelet or sobrietor or house arrest, and other conditions of release. Recent NM Supreme Court decisions have driven bondsmen out of the market with more people being released without a bond or by posting ten percent with the court. Under our constitution, a person is innocent until proven guilty beyond a reasonable doubt, and any bond should be based solely on whether the court has reason to consider you a flight risk or a danger to others. If you have been released, the magistrate judge wants you to hire an attorney. If you were released after your arraignment, the judge probably told you when you need to return to court. The judge expects you to hire a lawyer before then. If you cannot afford one, you need to apply for a public defender. Each case is different, of course, and your lawyer helps you navigate through the court system until the criminal case is finally closed. He may argue to dismiss some of the charges, negotiate a plea agreement with the prosecutor, persuade jurors as to the correct verdict, seek the lightest sentence possible, appeal to higher courts, and every possible step in between.