Las Cruces Criminal Defense & Expungement Lawyer

Las Cruces sits between the southern New Mexico checkpoints that Border Patrol agents use to screen northbound traffic. The I-25 checkpoint north of Las Cruces and the US 70 checkpoint heading toward Alamogordo have produced a steady stream of federal and state drug cases, including cannabis seizures from licensed New Mexico cannabis businesses moving legal product within the state.

We have written about the conflict between federal Border Patrol enforcement and New Mexico's legal cannabis industry in our post on cannabis seizures at Border Patrol checkpoints. If you are a licensed cannabis operator, a driver who was carrying legal product, or a private citizen facing drug charges after a checkpoint stop on I-25 or US 70, we can help.

Domestic violence charges in Las Cruces carry serious collateral consequences, including loss of firearm rights, no-contact orders that can force you out of your home, and immigration consequences for non-citizens. Battery on a household member is filed in magistrate court for first offenses and escalates to district court for aggravated charges. We move on these cases the way the State does, on your side.

We represent clients across the felony and misdemeanor spectrum, from petty misdemeanors and traffic offenses through second and first degree felonies. Felony cases originate with a complaint in magistrate court and move to the Third Judicial District Court for preliminary examination, grand jury, or arraignment after indictment. We get involved early, before plea offers narrow.

DWI is the most common criminal charge filed in Doña Ana County. Cases originate in either the Las Cruces Magistrate Court or the Third Judicial District Court depending on prior convictions, blood alcohol content, refusal of chemical testing, accidents, and aggravating circumstances. First offenses are typically misdemeanors. Fourth and subsequent DWI offenses are felonies that carry mandatory prison time.

New Mexico DWI penalties scale quickly. A first conviction can mean jail, ninety days of license revocation, an ignition interlock requirement, fines, fees, and DWI school. A second conviction within ten years carries mandatory jail. Convictions also produce a permanent criminal record that current New Mexico law does not allow you to expunge.
We defend first-time and repeat DWI clients and pursue every available challenge, including issues with the stop, the field sobriety tests, the breath or blood evidence, the chain of custody, and the implied consent advisory. Cases dismissed or won at trial may also qualify for non-conviction DWI expungement.

The Third Judicial District Court hears felony criminal cases, civil matters, family law, and probate for Doña Ana County. Felony preliminary hearings, indictments, trials, and sentencings happen here. Expungement petitions for cases that originated in Doña Ana County are also filed here.

Address: 201 West Picacho Avenue, Las Cruces, NM 88005

The Las Cruces Magistrate Court is where most misdemeanor cases, traffic offenses, and DWI cases begin. It also conducts initial appearances and felony complaint proceedings before cases are bound over to district court. If you were arrested by Las Cruces Police, the Doña Ana County Sheriff, or New Mexico State Police, your first court date is likely here.
Address: 110 Calle De Alegra, Las Cruces, NM 88005

A felony case typically starts with a complaint in magistrate court, where the magistrate judge sets conditions of release and schedules a preliminary examination. If probable cause is found at the preliminary examination, or if the District Attorney secures a grand jury indictment, the case moves to the Third Judicial District Court for arraignment, motion practice, and trial. Misdemeanor cases generally stay in magistrate court through resolution unless they are joined with a felony.

The Doña Ana County District Attorney's Office prosecutes state crimes in the Third Judicial District. Their charging decisions, plea offers, and trial posture are central to every state criminal case. As a former Chief Deputy District Attorney in the First Judicial District, Johnn understands how a DA's office operates from the inside.

Address: 845 North Motel Boulevard, Las Cruces, NM 88007

The Doña Ana County Detention Center holds defendants in pretrial custody and on misdemeanor sentences. Family members can use the DASO inmate lookup tool to confirm custody status and bond amounts. If a loved one was just booked, we can move quickly on bond review and conditions of release.

Address: 1850 Copper Loop, Las Cruces, NM 88005

The Border Patrol presence in southern New Mexico is heavier than in any other part of the state. Vehicle searches, K9 alerts, and seizures of cash and product on I-25 and US 70 produce both federal cases and parallel state prosecutions. Cannabis cases involving licensed New Mexico operators raise constitutional questions about federal preemption and the legality of stops well north of the border.

White Sands Missile Range and Holloman Air Force Base personnel, along with Fort Bliss soldiers stationed in El Paso, often face state charges in Doña Ana County while also dealing with command, security clearance, and UCMJ exposure. We coordinate state defense strategy with the realities of military life and discipline.

NMSU students face a layered system that includes Las Cruces Police, NMSU Police, the Doña Ana County Sheriff, the Magistrate Court, the District Court, and university Student Conduct proceedings. A criminal case can become a Title IX matter, a scholarship issue, or an NCAA eligibility issue overnight. We represent Aggie students and athletes across all of these tracks.