AK Law & Associates

Criminal Defense

Facing Criminal Charges in New Mexico?

An arrest is an accusation—not a conviction.

AK Law & Associates represents individuals facing criminal charges throughout New Mexico, including:

DWI • Domestic Violence • Felonies • Misdemeanors • Drug Charges • Assault & Battery • Probation Violations • Resisting or Evading • Property Crimes • Violent Crimes

Every criminal case starts with the same questions: What can the State actually prove, and was the evidence obtained lawfully?

If you have been arrested or charged with a crime in New Mexico, getting an early review of the evidence can make a difference.

Criminal Defense Throughout New Mexico

Facing criminal charges can have immediate and lasting consequences. The firm represents individuals charged with both misdemeanors and felonies and approaches every case with a strategic, trial-ready mindset.

With experience on both sides of the courtroom, the firm understands how the State builds its case and how to challenge it. From investigation through trial, the focus is on protecting clients’ rights, identifying weaknesses in the evidence, and pursuing the best possible outcome.

The firm handles a wide range of criminal matters, including:

• DWI / DUI
• Domestic violence charges
• Assault and battery
• Drug possession and distribution
• Theft and property crimes
• Weapons offenses
• Probation violations
• Traffic offenses

Clients can expect straightforward advice and strong, effective representation at every stage.

DWI - Defense

DWI Defense in Albuquerque & Throughout New Mexico

A DWI arrest can affect your driver’s license, employment, freedom, and future. AK Law & Associates represents individuals charged with DWI and aggravated DWI throughout New Mexico, including Albuquerque, Rio Rancho, Los Lunas, Santa Fe, Gallup, Grants, and surrounding communities.

Under NMSA 1978, § 66-8-102, New Mexico prohibits driving under the influence of intoxicating liquor or drugs, including driving with an unlawful alcohol concentration. A DWI case can involve much more than a breath-test number.

We examine the entire case, including:

• The legality of the traffic stop

• Reasonable suspicion and probable cause

• Field sobriety tests

• Breath and blood testing

• Refusal allegations

• Aggravated DWI allegations

• Police lapel and dash-camera video

• Search warrants and blood draws

• MVD license revocation and administrative hearings

• Constitutional and evidentiary issues

• Suppression of unlawfully obtained evidence

First-Offense DWI

Even a first DWI in New Mexico can carry significant consequences, including possible jail, fines, DWI school, community service, probation, an ignition interlock, and driver's-license consequences. Early review of the evidence can be important because the criminal case and MVD license proceedings are separate matters.

Aggravated DWI

An Aggravated DWI may involve an alleged alcohol concentration of 0.16 or higher, refusal to submit to chemical testing under circumstances covered by New Mexico law, or causing bodily injury while driving under the influence. Aggravated DWI allegations can carry additional mandatory consequences.

New Mexico DWI Lawyer

If you have been arrested or cited for DWI in Albuquerque, Rio Rancho, Los Lunas, Santa Fe, Gallup, Grants, or anywhere in New Mexico, speak with a criminal defense attorney as early as possible. Every DWI case is different, and an arrest does not determine the final outcome.

Charged with DWI in New Mexico? Contact AK Law & Associates to discuss your case and your options.

Family

New Mexico Family Law Attorney — Divorce, Child Custody & Timesharing

Family-law cases are personal. Whether you are considering divorce, fighting over custody, trying to establish a workable parenting plan, or dealing with financial issues after a separation, the decisions made during your case can affect your family for years.

AK Law & Associates represents clients in divorce, child custody, timesharing, child support, property division, modifications, enforcement, and other family-law matters in New Mexico.

Divorce in New Mexico

A divorce involves much more than simply ending a marriage. Depending on the circumstances, a New Mexico divorce may require addressing:

• Division of marital property and debts;

• The family home and other real estate;

• Bank and investment accounts;

• Retirement accounts and pensions;

• Vehicles and personal property;

• Business interests;

• Spousal support or alimony;

• Child custody and timesharing;

• Child support; and

• Allocation of expenses involving the children.

New Mexico is a community-property state, and determining what is community property, separate property, or a combination of both can become an important issue in a contested divorce.

Divorce proceedings are governed by NMSA 1978, Chapter 40, together with the applicable New Mexico Rules of Civil Procedure.

Not every divorce needs to become a prolonged courtroom battle. When reasonable agreements can be reached, resolving disputes efficiently may save both parties time, money, and unnecessary conflict. When an agreement cannot be reached, however, your financial and parental rights may need to be presented to the court.

Child Custody & Timesharing in New Mexico

Few legal disputes are more important than those involving your children.

When parents cannot agree about custody or timesharing, New Mexico courts focus on the best interests of the child.

Under NMSA 1978, § 40-4-9.1, New Mexico law provides a presumption that joint custody is in a child's best interests in an initial custody determination. Importantly, joint custody does not automatically mean equal or 50/50 timesharing.

Custody disputes may involve:

• Legal custody and decision-making;

• Physical custody and timesharing;

• Parenting plans and schedules;

• School and educational decisions;

• Medical decisions;

• Holidays and vacations;

• Transportation and exchanges;

• Communication between parents;

• Relocation;

• Domestic-violence allegations;

• Alcohol or substance-abuse concerns;

• Modification of existing custody orders; and

• Enforcement of existing parenting plans.

Every family is different. The appropriate parenting arrangement depends on the children, the parents, and the specific circumstances of the case.

Child Support in New Mexico

Child support is generally determined using New Mexico's statutory child-support guidelines under NMSA 1978, § 40-4-11.1.

Depending on the case, the calculation can involve parental income, number of children, the applicable custody and timesharing arrangement, health-insurance premiums, work-related child-care expenses, and other allowable considerations.

Accurate financial information matters. Child support can become disputed when there are questions involving self-employment, variable income, bonuses, unemployment or underemployment, or disagreements over what income and expenses should be included.

Property & Debt Division

Property division can be one of the most significant financial issues in a New Mexico divorce.

Questions can arise over the family home, vehicles, bank accounts, retirement benefits, investments, businesses, credit-card debt, loans, and property owned before the marriage.

The fact that an asset is titled in only one spouse's name does not necessarily resolve how that property will be treated in a divorce. Determining when and how property was acquired—and whether separate and community assets have been mixed—can be important.

Modification of Custody, Timesharing & Child Support

A court order may work when it is entered but become impractical as circumstances change.

A parent's employment may change. Children get older. School schedules change. A parent may relocate. Income can increase or decrease. A parenting arrangement that once worked may no longer serve the child's needs.

Depending on the circumstances and applicable law, a parent may seek modification of an existing custody, timesharing, or child-support order.

Enforcement of Family Court Orders

A court order is not merely a suggestion.

When a party repeatedly fails to follow an existing custody, timesharing, support, or property order, it may become necessary to ask the court to enforce its prior orders.

Likewise, if you are accused of violating an order, understanding exactly what the order requires and responding appropriately can be important.

New Mexico Divorce & Child Custody Representation

AK Law & Associates represents clients dealing with divorce, child custody, timesharing, child support, property division, modifications, enforcement, and other family-law disputes.

Whether you are considering divorce, have been served with court papers, need to establish custody, or are dealing with an existing family-court order, getting legal advice early can help you understand your rights and options.

Contact AK Law & Associates to discuss your New Mexico family-law matter.

Albuquerque • Rio Rancho • Los Lunas • Valencia County • Santa Fe • and surrounding New Mexico communities

Criminal Record Expungement

New Mexico Expungement Lawyer — Is Your Criminal Record Holding You Back?

An old arrest, criminal charge, or conviction can continue to follow you long after the case is over. Criminal records may appear during employment screenings, housing applications, professional licensing, and other background checks.

Fortunately, New Mexico law provides a process for certain people to seek a criminal record expungement.

The New Mexico Criminal Record Expungement Act, NMSA 1978, §§ 29-3A-1 through 29-3A-7, allows certain arrest and conviction records to be expunged when the statutory requirements are satisfied.

Whether you qualify depends on several factors, including:

• The criminal charge or offense involved;
• Whether the case was dismissed or resulted in a conviction;
• How much time has passed since completion of the case or sentence;
• Your criminal history;
• Whether all required conditions have been satisfied; and
• Whether the particular offense is eligible under New Mexico law.

A dismissed criminal case does not necessarily mean that every public record of the arrest and prosecution automatically disappears. If an old case continues to show up, an expungement may provide a legal avenue for clearing eligible records.

AK Law & Associates represents clients seeking criminal-record expungements throughout New Mexico.

If you have an old arrest, dismissed criminal case, misdemeanor, felony, or other criminal record, contact our office to determine whether you may qualify for an expungement.

Serving Albuquerque, Rio Rancho, Los Lunas, Santa Fe, Grants, Gallup, and clients throughout New Mexico.