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Q: Can an Alleged Victim Drop the Charges?


The question is why do you need a lawyer if you know that the prosecuting witness wants to drop the charges.  In New Mexico, once a criminal charge has been filed, it is up to the State of New Mexico to decide whether to prosecute.  That means that a prosecuting witness or victim no longer has the choice as to whether or not the State will continue to prosecute someone. That does not mean that the state won't necessarily take a victim’s request into consideration, but it does mean that you simply will not know what a prosecutor is going to do until the last minute.  If you decide to rely upon a prosecuting witness’ statement that they don't intend to prosecute, you also put yourself at risk that the witness might change their mind.  They may decide that they want to go through with the prosecution.  Either way, whether it is the victim that decides at the last minute that they wish to prosecute or if it's a prosecutor who decides they will go forward with the prosecution no matter what the victim wants, the last thing you want is to be in the courtroom alone when that happens.


Q: Why Not Hire the Cheapest Lawyer?


We are not the cheapest attorneys that you could hire.  We don't try to be, we don't want to be and frankly picking an attorney based on how little they charge is a terrible way to choose a lawyer.  We strive to provide the highest quality legal representation as well as the finest customer service possible.  There is no way that we could possibly do that on the cheap.


Frequently, potential clients ask why they shouldn't hire the cheapest attorney in a DWI case.  That's a pretty understandable question. Would you consider choosing a surgeon based on who is cheapest.  You should not even consider choosing your lawyer exclusively on price.  Talk with attorneys, ask them questions, check out their website, and consider their experience level with your type of case as well is your comfort level with them.  Is the attorney patient and helpful or do they simply want to move on to the next client?  These are the questions that you should be asking.  While cost is certainly a component of the decision, effective learned counsel should be your primary goal.  Joshua D. Boone is not the cheapest, but we will do everything possible within the bounds of the law and the rules of professional conduct to provide you with the finest quality legal services...  period.

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