Updated July 2026
If you have been arrested or think charges are coming, the smartest move is to stay quiet and call a lawyer before you talk to anyone. Mr. Nieto has defended people across New Mexico for more than 25 years, from a first misdemeanor to the most serious felonies. Call (505) 247-1973 for a free, confidential look at your case.
Getting arrested does not make you a bad person, and it does not mean the case against you is airtight. It means the State has decided to accuse you of something. What you do next matters. This page walks you through how criminal charges work in New Mexico, what the process looks like, and how Mr. Nieto defends the people the system has already lined up against.
Charges Mr. Nieto Defends
Mr. Nieto handles the full range of criminal cases in New Mexico. Start with the charge closest to your situation:
Felony Charges
The most serious cases, punishable by a year or more in prison. Handled in District Court.
Misdemeanor Charges
Lower-level cases in Metro or Magistrate Court that can still put a mark on your record.
Drug Charges
Possession through trafficking, under New Mexico’s Controlled Substances Act.
Domestic Violence
Household-member charges the State can push forward even if the other person wants to drop it.
Assault & Battery
From a simple argument that got physical to aggravated charges with a weapon.
Theft & Property Crimes
Shoplifting, larceny, and fraud, where the dollar value decides the charge.
Weapons Charges
Felon in possession, unlawful carry, and firearms tied to other cases.
Probation Violations
An alleged violation can send you back to jail on the original sentence.
You Are Probably Scared, and That Is Normal
Most people who call this office have never been in trouble before. You are worried about your job, your family, your immigration status, and whether one bad night is going to follow you forever. Those fears are real, but they are not the whole story. A charge is only an accusation. The State still has to prove it, and there is a lot a good lawyer can do between now and then.
The worst thing you can do is try to explain your way out of it to the police. You cannot talk your way out of an arrest, but you can talk your way into a conviction. Be polite, ask for a lawyer, and stop there.
Talk to Mr. Nieto. The first call is free, and he answers it himself.
Call (505) 247-1973Felony or Misdemeanor: Why It Matters
New Mexico splits crimes into two big groups. A misdemeanor is punishable by up to 364 days in county jail and is usually handled in Bernalillo County Metropolitan Court. A felony is punishable by a year or more in prison and is handled in District Court. Felonies are further ranked from fourth degree, the least serious, up to first degree and capital crimes.
The label matters because it drives everything else: how long you could be locked up, whether you lose the right to vote or own a firearm, and how hard the case is to clear later. Getting a charge knocked down from a felony to a misdemeanor can change the whole shape of your life.
What Happens After an Arrest
- Arrest and booking. You are taken in, and a judge sets conditions of release. Mr. Nieto can push for release on your own recognizance or a lower bond.
- First appearance and arraignment. You hear the charges and enter a plea. You plead not guilty so the fight can begin.
- Discovery. The State turns over its evidence: reports, video, lab results, witness statements. Mr. Nieto reads all of it looking for holes.
- Motions and negotiation. Mr. Nieto challenges illegal stops, bad searches, and weak evidence, and works to get charges dismissed or reduced.
- Trial, if it comes to that. Mr. Nieto has tried nearly 100 cases to juries and judges. The State knows he is willing to go the distance.
How Mr. Nieto Builds a Defense
There is no one-size defense. Mr. Nieto starts by learning exactly how the police built their case, then looks for the weak point: a stop with no legal reason, a search without a warrant, a witness who is not credible, a lab result that does not hold up. Sometimes the win is a dismissal. Sometimes it is a plea that keeps a felony off your record. Sometimes it is a not-guilty verdict from a jury.
Because this is a solo firm, Mr. Nieto handles your case himself from the first call to the last hearing. You are never handed off to someone you have never met. If a DWI is part of your case, see DWI defense, and remember the separate 10-day MVD deadline to save your license.