You have the right to remain silent.
You do not have to answer questions about where you were, what you did, or who you were with. Say clearly: "I am invoking my right to remain silent." Then stop talking.
Sixth Amendment · U.S. Constitution
In all criminalprosecutions, the accusedshall enjoy the rightto have the Assistanceof Counselfor his defence.
We are that counsel.
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Spoke 01
I Just Got Arrested.
The first hours matter most. Here is exactly what you need to know — plain language, no legalese.
Ask for your attorney immediately.
Say these exact words: "I want a lawyer." Once you say this, police must stop questioning you. You will be assigned a public defender at no cost.
Do not consent to a search.
You can say "I do not consent to this search." This does not stop police from searching, but it preserves your rights in court.
What happens at booking.
You will be photographed, fingerprinted, and your belongings taken. You have the right to make at least one phone call. Write down the number of someone who can help before you lose your phone.
Need to reach us right now?
Our office is staffed for emergency calls. If you or someone you know was just arrested, call before anything else.
Spoke 02
I Have a Court Date.
Walking into a courthouse is intimidating. Here is what each type of hearing means and what to expect at every stage.
1
Before you go
Write down your case number, the court address, and your attorney's name. Dress conservatively. Arrive 30 minutes early — courthouse security lines are slow.
2
At arraignment
This is where charges are formally read. You will enter a plea (usually "not guilty" at this stage). Your attorney will be beside you. Do not speak unless your attorney tells you to.
3
Bail hearing
The judge decides whether you are released and under what conditions. Your attorney will argue for the lowest possible bail. Bring documentation of employment, family ties, and community roots if you have them.
4
Pretrial hearings
These are legal arguments between attorneys — you are present but rarely speak. Your attorney is fighting to suppress evidence, challenge procedures, or negotiate a resolution.
5
If you miss a date
A warrant will be issued immediately. Call our office the same day. Coming in voluntarily with your attorney is always better than being picked up.
"Most people who miss a court date do so because no one explained when or where to go."
— Counsel intake staff, 2025
Spoke 03
I Need to Understand My Charges.
Legal language is designed by lawyers, for lawyers. Here is what your charges actually mean in plain terms.
Misdemeanor
Less seriousExamples: Trespassing, minor in possession, disorderly conduct
Max penalty: Up to 1 year in county jail
Still appears on your record. Still affects housing and employment. Still worth fighting.
Felony
SeriousExamples: Assault, drug possession with intent, theft over $1,000
Max penalty: More than 1 year in state prison
Carries long-term consequences including loss of voting rights, housing eligibility, and employment. Every charge is worth contesting.
Infraction
MinorExamples: Traffic violations, jaywalking, noise violations
Max penalty: Fines only — no jail time
May seem minor but unpaid fines can escalate into warrants. Do not ignore them.
Legal terms you need to know
Spoke 04
Someone I Love Is in Custody.
You may be the most important person in this situation. Here is how to help — even when it is 2am and you have no idea where to start.
If it is the middle of the night
You are not overreacting. Your instinct to act is correct. Call us first before you do anything else.
Emergency Line: (505) 555-0100How do I find out where they are being held?
Call the county jail directly and ask for inmate locator. In New Mexico, you can also call the Detention Center at (505) 555-0200 with the person's full legal name and date of birth. Our office can also assist — call us.
What is bail and how does it work?
Bail is money paid to the court as a guarantee the person will appear for their court dates. If they cannot afford bail, they remain in custody until their case resolves. A public defender will argue for release at no cost.
Can I attend their court hearings?
Yes. Most criminal hearings are open to the public. The exception is juvenile proceedings. Bring ID, arrive early, and sit quietly in the gallery. Your presence matters to them.
What should I bring to a jail visit?
Government-issued photo ID. No phones, no food, no outside items. Check the specific facility's visitation policy — hours and rules vary. Your support is one of the most important things you can provide.
I got a call at 2am. What do I do right now?
First: get their full name, the arresting agency, and the booking number if possible. Second: call our emergency line at (505) 555-0100. Third: do not post bail without speaking to an attorney first — conditions may make it complicated.
Spoke 05
Our Mission.
Public defense is not charity. It is the constitutional floor below which a just society cannot fall. These numbers explain why the work is urgent.
60+
Open cases per attorney at any given time
94%
Of Counsel clients qualify below the federal poverty line
3×
More likely to be incarcerated pre-trial if you cannot afford bail
47%
Of all felony defendants in New Mexico are represented by public defenders
"The quality of a nation's civilization can be largely measured by the methods it uses in the enforcement of its criminal law."
— Justice William Brennan
Ways to support public defense
Advocate for funding
Public defense is chronically underfunded. Contact your state legislators and demand adequate appropriations. We can tell you exactly who to call.
Volunteer as a community interpreter
We serve clients in 14 languages. If you are fluent in Spanish, Diné, Vietnamese, or other languages, your hours matter directly to case outcomes.
Refer someone who needs help
If you know someone facing charges who does not know their rights, send them here. The page is free. The PDF is free. The intake form is free.
Support bail reform
Cash bail punishes poverty, not risk. Organizations working on pretrial justice reform in New Mexico need your voice, your vote, and your presence.
Intake Form
Find Your Next Step.
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