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Las Cruces New Mexico Police Brutality and Personal Injury Law Blog

Seeking justice after a loved one's fatal opioid overdose

Watching a family member suffer with pain from an accident or chronic illness is difficult. However, what may be even more painful is seeing that loved one grow dependent on prescription drugs. You may have felt helpless as you watched your family member sink deeper into addiction, taking more risks and losing control over his or her life.

Sadly, this is the situation in many households, and you may be among those who wonder why a doctor continued to prescribe opioids to a loved one who was obviously struggling with addiction. In fact, more doctors are facing lawsuits and criminal penalties after their patients become addicted or overdose on opioid pain medication.

WHAT'S THE DIFFERENCE BETWEEN A MISDEMEANOR AND A FELONY CONVICTION?

A felony is punishable by a year or more, and it prevents you from possessing a firearm ever in the future, under federal law. It will prevent you from voting and some other valuable civil rights. One of the main concerns is it will prevent you from getting a lot of different kinds of jobs in the future. 

DRIVING A MINOR PASSENGER WHILE INTOXICATED - CHILD ABUSE

In cases such as these it is essential that you fight the DWI because New Mexico courts have ruled that having a child in your car while committing any kind of DWI is, in itself, child abuse. You can't argue things to the jury like, "Well, it was 0.08, but they were driving safely." You have to fight the DWI to fight the felony child abuse case. In that case, it's even more important to hopefully have a client who declined to do the Standard Field Sobriety Test or declined to give a breath sample, so you just litigate whether or not it was DWI.

CAN I REDUCE MY PLEA TO A MOVING VIOLATION?

Sometimes you can, but the case is going to need to have real problems for the state, which, if you have declined to submit to the Standard Field Sobriety Test, and you have declined to give a breath sample, is going to be that kind of case for the prosecution. Those are the kinds of cases where you are most likely to get a non-DWI plea. 

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McGraw & Strickland, LLC
165 West Lucero Ave.
Las Cruces, NM 88005

Phone: 575-523-4321
Fax: 575-680-1200
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