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Joseph
Joseph, Attorney
Category: Legal
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Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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I have a friend recently arrested for a DUI in New Mexico...tough

Customer Question

I have a friend recently arrested for a DUI in New Mexico...tough state on dui crimes...he took the breathalyzer test at the scene...he blew an equivalent for 4 beers (?)

Problem. This was his 5TH DUI...in 30 years. He got 1 in college (where he was a Deans list/A grade/scholarship recipient).

And he got 3 within 12 days after his baby girl was born dead. This life situation had hit him really hard - he watched her stillbirth take place...saw LILY slide from the womb...then went nuts. He wanted that little girl so bad... Soon, he lost everything...his wife, his private psychology practice, his house...everything he had worked so hard for...

Then, after those 3 duis, followed by one divorce, and low self esteem, he found himself in a bad relationship which naturally didn't last. On the day he was ong out of her condo, while drinking, he forgot to take his portion of a large butcher order they recently received from the butcher. Meat. So he went bak, his prior girlfriend/wasn't home. (He had already given her his key earlier, but he knew how to remove a loose piece of glass by the front door, to get inside.) He knew his ex wouldn't care.

It was night time - a neighbor saw someone trying to get in, and called the police. When they arrived, they found him intoxicated, and in possession of over $500.00 in meat...(which is considered a felony in Wyoming) He was arrested. His prior girlfriend went to the courthouse and said she didn't mind him being in the condo, and that she would have happily let him in...had she been home.

But the system was on a roll...he was convicted of grand theft, and sentenced to 2 years in prison...


Shortly after his divorce (He didn't contest any of it...just gave everything away to his ex.)

Now, on this recent trip east, he had just found out his former girlfriend was pregnant, yet she had a medical condition that would cause HER to miscarry his baby... He fell apart, and was arrested for a DUI in New Mexico - the 5th one. (fyi - She has since miscarried his baby.)

5 DUIs - What are the chances of his staying out of prison? He is a total wreck right now and needs help, not jail...
Submitted: 2 years ago.
Category: Legal
Expert:  Joseph replied 2 years ago.

Candidly, your friend has himself in a tough spot here. As you alluded to, New Mexico's laws are harsh on DUI. For a fifth offense, the minimum jail time is 1 year. In other words, if your friend is convicted of this offense, he will be required to spend at least a year in jail.

 

If he hasn't already, I would urge your friend to obtain a competent criminal defense attorney. Hopefully law enforcement did something improper, the evidence is not terribly compelling or his personal mitigating circumstances can be used to his benefit. Your friend's best bet here is to obtain competent representation and prevent the fifth conviction from occurring.

 

I regret that my answer is unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response.

 

Please let me know if anything requires clarification.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 2 years ago.
ok, that was the fear...HOW do we know if an atty is competent? HOW do we get the best attny?

He hired an atty, but now isnt hearing back from her...(he has been calling, wondering about the next step...she is ignoring him.) Initially, she told him she could get the charges reduced...so he sent her $1k, and now he isnt hearing back.

meanwhile, Im really worried for him.... he is talking about taking his life..that.his life has gone wrong...that he is a failure and he wont go back to jail etc...
Expert:  Joseph replied 2 years ago.

You can learn about an attorney in a variety of ways. For example, you might ask around of family and friends as to what they know about any local attorneys. Additionally, you can go online and conduct a bit of research.

 

First, you should begin with your state bar association. The New Mexico State Bar has a website, it is located at www.nmbar.org.

 

I do not know your county of residence but your county bar association likely has a similar site that will be more specific to your location. A quick Google search will locate the appropriate bar association. For example, you might search "bernalillo county bar association".

 

Additionally, Martindale Hubbell is a national organization that rates attorneys across the country. Their website is located at http://www.martindale.com/.

 

Another nationwide website is located at http://www.avvo.com/. This site lists attorneys by geographic location and area of practice.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
Joseph and 4 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
Is there a way to see stats? Attnys who did well in dui situations?
Customer: replied 2 years ago.
Please! I already knew we needed legal help, and this is serious stuff...argh!
Expert:  Joseph replied 2 years ago.

No, not easily anyway. The bar associations prohibit attorneys from tracking statistics because they can be misleading. For example, I may have won 100% of my cases but that does not mean I will win your case. However, if you go to their individual websites, you might see statements from previous clients, that could help you out.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

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Joseph
Joseph
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I have 15 years experience in the legal field, currently specializing in criminal and family law