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NEW MEXICO COURT OVERRULES PRECEDENT ON PRETRIAL RIGHTS - Criminal Defense and DWI Attorney

The Albuquerque Journal has reported on the new Supreme Court case of State v. Lopez.

"New Mexico's highest court has ruled that defendants don't have a constitutional right to confront and question witnesses providing testimony against them at pretrial hearings.

The state Supreme Court's decision overruled a legal precedent on the question set by the justices in 1969.

The court said last week the constitution's confrontation right applies only to criminal trials, which determine whether a defendant is guilty, and not to pretrial hearings that decide whether there's probable cause a crime has been committed and a case should go to trial.

The court rejected arguments by a man charged with drug offenses who contended his rights were violated because a drug report was admitted as evidence during a preliminary hearing without allowing him to cross-examine the laboratory analyst who prepared the report."

This affects the right of criminal defendants and DWI / DUI defendants. It sets New Mexico back and will allow people to be wrongfully accused.

McGraw & Strickland strongly supports a motion for rehearing in State v. Lopez.

If you need a criminal defense attorney or a DWI / DUI attorney, you can contact McGraw & Strickland at (575) 323-1529.

Las Cruces, NM

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

Phone: 575-523-4321
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