
Criminal Law
Criminal Law Made Clear
Being charged with a criminal offense can be a life altering experience, with the fear, anxiety and confusion that facing criminal charges can bring. It can be very difficult to face the government alone, as the court system can be complicated and frustrating to navigate. One of the best and most important decisions you can make in defending your case is hiring the right Albuquerque criminal defense lawyer as soon as possible.
If you’re arrested for a crime, you need a strong defender who’s able to navigate the complexities of the Albuquerque legal system. At the Law Office of Adam Oakey, that’s exactly what you’ll get. We provide legal advocacy to those who need it, and we’ll always fight to protect your rights regardless of whether you’re charged with a misdemeanor or felony.
Misdemeanors and Felonies
Misdemeanors and felonies are two classes of crimes laid out by the New Mexico court system as well as federally. Within the state, a felony charge is one that is considered serious enough to warrant a potential jail sentence of at least one year.
On the other hand, a misdemeanor is typically considered a lesser charge where the potential penalty may contain a jail sentence of no longer than one year.
Knowing what type of crime you’re charged with is an important part of the legal process. Common criminal acts considered to be a felony include burglary, drug trafficking, and sex crimes. Misdemeanors often include assault, DWI, and other traffic charges.
Being found guilty of a felony can have a considerable impact outside of the penalty prescribed by the judge or jury. You may lose your right to vote, find it more difficult to find employment, or lose other rights.
What We Do When You Contact Us
When you reach out to us, we immediately jump into action so we can better understand the circumstance of your unique case. We don’t take a one-size-fits-all approach. Instead, we work to become closely familiar with the details. This lets us craft a defense that’s specific to the charge at hand. As we work to understand you, your needs, and your case, we become better advocates on your behalf.
Even if two people are charged under the same law, we know that the two cases can diverge greatly. Our experience in the court enables us to see with clear eyes that your case is not the same as others. We also know that you are not the same as others who may be charged with a similar crime. By focusing on the details of your case, we’re able to create arguments that are best suited for you and your needs.
What You Should Do If You’re Arrested
Being arrested can be a traumatic experience. It’s easy to feel helpless and like the world is against you. That is not the case, and with the Law Office of Adam Oakey on your side, you’ll gain the support of defense attorneys who are well equipped to fight on your behalf.
The circumstances of each arrest can be different. That’s why we think it’s important to walk you through the process so you can be better prepared should the unfortunate situation ever occur with you. If you take anything from this, let it be that you are afforded a right to remain silent. Use this right and reach out to us right away so we can quickly get to work serving your legal needs.
How and When Arrests Occur
For misdemeanor crimes, there are generally three circumstances under which you may be arrested:
- You are accused of committing a crime in the presence of a law enforcement officer.
- You are accused of a crime that falls under the warrantless arrest exception. An example of this type of crime is the battery on a household member.
- While uncommon, you may be arrested due to an issued arrest warrant. It’s far more common for you to be summoned to court for a misdemeanor.
Arrests for felony crimes can also occur in three circumstances:
- You are accused of committing a felony while in the presence of a law enforcement officer.
- You are accused of committing a felony and there is probable cause and exigent circumstances that allow the police to arrest you without the need for a warrant.
- You are arrested after a warrant has been issued for your detainment.
Knowing when you may be arrested is important, as it allows us to determine whether the arrest was lawful. If it’s not, we’ll advocate on your behalf to procure your freedom.
The Post-Arrest Process
After you’re arrested, the law enforcement officers who detain you will take you to either a police station or a jail. You’ll then go through the booking process, which includes collecting your fingerprints and photographing you. Depending on the circumstance, you may also be read your Miranda rights. Detectives, police officers, or other law enforcement officials may also begin to ask you questions.
Steps You Need to Take
The arrest process is often designed to intimidate you. Even if the law enforcement officers put on a friendly face, they are not your friends. There are multiple strategies to get you to self-incriminate, and they will try every one they can.
No matter what they say or do, though, remain silent. You have the right not to talk about the case with law enforcement officers. Do not answer their questions or provide any statements until you have had the opportunity to talk to your legal counsel.
We should be your first call when you’re arrested so that we can get to work. You should also try to call someone who can help pay your bail. An arrest warrant will have a bail amount attached to it, while warrantless arrests usually involve receiving your bail amount soon after you’ve been processed.
Why the Law Office of Adam Oakey?
With decades of experience successfully representing clients throughout the state of New Mexico, our experienced Albuquerque criminal defense lawyers will guide you through the legal process while aggressively protecting your legal rights. Clients often tell us how relieved they feel after we take over and begin working on their case.
Get in Contact
At the Law Office of Adam Oakey, we meet people every day whose money, freedom, and very livelihoods are jeopardized by criminal charges. When the police, and the criminal justice system, are involved, every second—and every statement—counts.
We provide legal advice, representation, and advocacy in all areas of Criminal law practice, including:
DUI
DV (Assault or Battery on a HH Member)
Probation Violations
Revoked or Suspended License
Possession
Don’t hesitate at this important time in your life, Click Here to contact our Albuquerque criminal defense lawyers for more information about our misdemeanor and felony defense services.

THE OFFICE OF ADAM OAKEY IS ALWAYS AVAILABLE TO HELP YOU WITH YOUR LEGAL QUESTION.

The Attorneys at the Law Office of Adam Oakey understand the formula for successful legal representation requires exceptional client service, professional dedication and outstanding results.
GET IN TOUCH
Law Office of Adam Oakey
714 Tijeras Ave NW
Albuquerque, NM 87102
Mon – Fri
9:00 am- 4:00pm