Counselor Misdemeanor Lawyer, New Mexico

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Levi M. Chavez, II
About | Practice Areas
Law Offices of Levi M. Chavez, II, LLC
P.O. Box 7595 Albuquerque, NM 87194» view map
Criminal Defense Law
Waging War Against Prosecution

As a client, your case will be examined through the lens of Levi’s training in police procedures and criminal investigations.

800-663-0170
1. Levi M. Chavez, II Albuquerque, NM
  Attorney at Law - NM
  University of New Mexico J.D. 2019
2. AboutLaw Offices of Levi M. Chavez, II, LLC
  Waging War Against Prosecution
3. Practice AreasExpertise
  Criminal Defense Law
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800-923-0641

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LEGAL TERMS

CAPITAL CASE

A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecuto... (more...)

A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecutor brings a capital case (also called a death penalty case), she must charge one or more 'special circumstances' that the jury must find to be true in order to sentence the defendant to death. Each state (and the federal government) has its own list of special circumstances, but common ones include multiple murders, use of a bomb or a finding that the murder was especially heinous, atrocious or cruel.

NOLO CONTENDERE

A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committ... (more...)

A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committed the crime, but agrees to a punishment (usually a fine or jail time) as if guilty. Usually, this type of plea is entered because it can't be used as an admission of guilt if a civil case is held after the criminal trial.

BAIL BOND

The money posted by a 'bondsman' for a defendant who cannot afford his bail. The defendant pays a certain portion, usually 10%. If the defendant fails to appear... (more...)

The money posted by a 'bondsman' for a defendant who cannot afford his bail. The defendant pays a certain portion, usually 10%. If the defendant fails to appear for a court hearing, the judge can issue a warrant for his arrest and threaten to 'forfeit,' or keep, the money if the defendant doesn't appear soon. Usually, the bondsman will look for the defendant and bring him back, forcefully if necessary, in order to avoid losing the bail money.

SENTENCE

Punishment in a criminal case. A sentence can range from a fine and community service to life imprisonment or death. For most crimes, the sentence is chosen by ... (more...)

Punishment in a criminal case. A sentence can range from a fine and community service to life imprisonment or death. For most crimes, the sentence is chosen by the trial judge; the jury chooses the sentence only in a capital case, when it must choose between life in prison without parole and death.

CRIMINAL INSANITY

A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right... (more...)

A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right from wrong. Defendants who are criminally insane cannot be convicted of a crime, since criminal conduct involves the conscious intent to do wrong -- a choice that the criminally insane cannot meaningfully make. See also irresistible impulse; McNaghten Rule.

PRESUMPTION OF INNOCENCE

One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecu... (more...)

One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecution must prove, beyond a reasonable doubt, each element of the crime charged.

ARREST

A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arre... (more...)

A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arrest' even though the police have not announced it; nor are handcuffs or physical restraint necessary. Questioning an arrested person about her involvement in or knowledge of a crime must be preceded by the Miranda warnings if the police intend to use the answers against the person in a criminal case. If the arrested person chooses to remain silent, the questioning must stop.

HUNG JURY

A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations ... (more...)

A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations with an assurance (sometimes known as a 'dynamite charge') that they will be able to reach a decision if they try harder. If a mistrial is declared, the case is tried again unless the parties settle the case (in a civil case) or the prosecution dismisses the charges or offers a plea bargain (in a criminal case).

MOTION IN LIMINE

A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply ... (more...)

A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply the mention of the evidence would prejudice the jury against that party, even if the judge later instructed the jury to disregard the evidence. For example, if a defendant in a criminal trial were questioned and confessed to the crime without having been read his Miranda rights, his lawyer would file a motion in limine to keep evidence of the confession out of the trial.

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Counselor Misdemeanor Lawyer, New Mexico

Sponsored Law Firm

Law Offices of Levi M. Chavez, II, LLC

SPONSORED LAWYERS

John Morley Greacen

Robert W. Merson

David Sargent Richmond

David S Richmond

Cheryl Denney

Allan R. Toledo

James Marcanti

Darlene Teryssa Gomez

David S. Richmond

James C. Kennedy

TIPS

LEGAL TERMS

CAPITAL CASE

NOLO CONTENDERE

BAIL BOND

SENTENCE

CRIMINAL INSANITY

PRESUMPTION OF INNOCENCE

ARREST

HUNG JURY

MOTION IN LIMINE

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