[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"site-shell":3,"site-search-modal-empty-8":171,"page:process/federal-court":173,"public-chat-settings":239},{"source":4,"siteName":5,"tagline":6,"contactEmail":7,"contactPhone":8,"contactPhoneTollFree":9,"address":10,"mapsQuery":17,"ratingValue":18,"ratingSource":19,"primaryCta":20,"secondaryCta":23,"chatCta":26,"announcement":30,"google":32,"navigationPrimary":34,"navigationLegal":149},"defaults","Stephen D Aarons","Santa Fe Criminal Defense Lawyer","info@aarons.law","(505) 984-1100","(888) 984-1120",{"street":11,"city":12,"state":13,"stateFullName":14,"zip":15,"full":16},"2019 Galisteo St. Ste H1","Santa Fe","NM","New Mexico","87505","2019 Galisteo Street, Suite H1, Santa Fe, NM 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Use","/terms",[],{"id":162,"group":152,"label":163,"path":164,"externalUrl":19,"openInNewTab":31,"displayOrder":137,"children":165},"legal-3","Disclaimer","/disclaimer",[],{"id":167,"group":152,"label":168,"path":169,"externalUrl":19,"openInNewTab":31,"displayOrder":143,"children":170},"legal-4","Accessibility","/accessibility",[],{"query":19,"total":18,"results":172},[],{"source":4,"slug":174,"canonicalPath":175,"title":176,"status":177,"seoTitle":178,"seoDescription":179,"ogImage":19,"sections":180},"process/federal-court","/process/federal-court","Federal Court in New Mexico | Stephen D Aarons","published","Federal Criminal Defense in Santa Fe and Albuquerque, NM","Federal criminal defense in the U.S. District Court for the District of New Mexico: the Santa Fe and Albuquerque courthouses, detention hearings, indictments, discovery, the Sentencing Guidelines, and appeals to the Tenth Circuit.",[181,188,197,206,214,229],{"id":182,"type":182,"displayOrder":40,"payload":183},"hero",{"eyebrow":129,"title":184,"description":185,"trustLine":186,"primaryCtaLabel":21,"primaryCtaUrl":22,"secondaryCtaLabel":24,"secondaryCtaUrl":25,"variant":187},"Federal Court in New Mexico","Federal charges follow their own rules from the first hour: a detention hearing under the Bail Reform Act, mandatory discovery deadlines, the Sentencing Guidelines, and no parole.","U.S. District Court for the District of New Mexico, Santa Fe and Albuquerque.","compact",{"id":189,"type":190,"displayOrder":131,"payload":191},"content-1","rich_text",{"eyebrow":192,"title":193,"paragraphs":194},"The courts","Where federal cases are heard.",[195,196],"The U.S. District Court for the District of New Mexico covers the whole state. Northern New Mexico matters are heard at the Santiago E. Campos United States Courthouse, 106 South Federal Place, Santa Fe, NM 87501, and at the court's headquarters, the Pete V. Domenici United States Courthouse, 333 Lomas Boulevard NW, Albuquerque, NM 87102. Appeals go to the Tenth Circuit Court of Appeals in Denver.","Federal prosecutions in this district center on drug trafficking and conspiracy, firearms offenses, illegal reentry, fraud and money laundering, and child exploitation. Serious crimes on pueblo and tribal land that involve a Native American defendant or victim are usually prosecuted federally rather than in state court, which makes federal practice an everyday part of criminal defense in Northern New Mexico.",{"id":198,"type":190,"displayOrder":137,"payload":199},"content-2",{"eyebrow":200,"title":201,"paragraphs":202},"How a federal case moves","Complaint, detention, indictment, guidelines.",[203,204,205],"A federal case begins with an arrest on a complaint or an indictment. The initial appearance is before a magistrate judge, and the government frequently moves for detention. Under the Bail Reform Act the detention hearing is held within a few days, and in drug and firearm cases the law presumes detention unless the defense rebuts it. Preparation for that hearing starts the day of arrest.","The grand jury must indict within 30 days of arrest. Discovery follows, often measured in gigabytes: wiretaps, phone extractions, financial records, and agent reports. Motions to suppress and to dismiss are litigated before the district judge.","If the case resolves by plea or verdict, sentencing is driven by the United States Sentencing Guidelines, criminal history, and the statutory mandatory minimums. There is no parole in the federal system. Sentencing advocacy, from the presentence interview through the sentencing memorandum, is where an experienced federal defender changes the outcome most.",{"id":207,"type":190,"displayOrder":143,"payload":208},"content-3",{"eyebrow":209,"title":210,"paragraphs":211},"Experience","From Army JAG to the Tenth Circuit.",[212,213],"Stephen D Aarons served three years as a U.S. Army Judge Advocate before entering private practice and has handled federal cases in New Mexico since 1992, including appeals to the Tenth Circuit. He is admitted to the U.S. District Court for the District of New Mexico and the Tenth Circuit Court of Appeals.","Federal defendants with a security clearance, including Los Alamos National Laboratory employees and contractors, face a second proceeding on top of the criminal case. We coordinate the criminal defense with the reporting obligations a clearance imposes.",{"id":215,"type":215,"displayOrder":147,"payload":216},"faq",{"eyebrow":217,"title":218,"description":19,"items":219},"Questions","Federal court questions",[220,223,226],{"question":221,"answer":222},"Why is my case federal instead of state?","Because a federal agency investigated it, because the conduct crossed state lines or involved federal programs, or because it happened on tribal or federal land. Some conduct can be charged either way; the choice belongs to the prosecutors, and the consequences differ sharply.",{"question":224,"answer":225},"What does a \"presumption of detention\" mean?","For certain charges, mainly drug trafficking with a ten-year maximum or more and firearm offenses, the Bail Reform Act presumes that no conditions will secure the defendant's appearance and public safety. The defense can rebut the presumption with evidence about the person's history, ties, and a proposed release plan.",{"question":227,"answer":228},"Will I serve the whole sentence?","Federal sentences are served at roughly 85 percent with good-conduct credit, plus any First Step Act earned-time credits. There is no parole. That is why the guideline calculation and the sentencing arguments matter so much.",{"id":230,"type":231,"displayOrder":232,"payload":233},"cta","cta_band",6,{"eyebrow":234,"title":235,"description":236,"primaryCtaLabel":237,"primaryCtaUrl":22,"secondaryCtaLabel":238,"secondaryCtaUrl":25},"Need Immediate Help","Talk to the office before your first court date.","Free consultation. 24-hour answering service. Payment plans available in many cases. Call (505) 984-1100 or send a short message.","Call (505) 984-1100","Contact the Office",{"enabled":31,"followUpEnabled":240,"title":241,"assistantName":241,"eyebrow":27,"description":242,"welcomeHeadline":243,"welcomeBody":244,"inputPlaceholder":245,"statusLabel":246,"suggestedPrompts":247,"form":251,"review":262},true,"Aarons Law Chat","Calm first-step guidance for urgent criminal defense questions.","Tell me what is happening.","Keep it general at first. If the situation is urgent, recent, or someone is in custody, call (505) 984-1100.","Tell us what happened in broad terms. Avoid confidential details for now.","Available 24/7",[248,249,250],"Someone was arrested last night. What should we do first?","Can you explain what happens after a DWI arrest in New Mexico?","I need the office to review this chat and follow up directly.",{"enabled":240,"triggers":252,"headline":258,"description":259,"submitLabel":260,"successMessage":261},[253,254,255,256,257],"contact me","call me","follow up","consultation","talk to a lawyer","Request office follow-up","Share a few details and the office can review the chat and follow up directly.","Send Follow-Up Request","Your follow-up request has been sent to the office.",{"enabled":240,"triggers":263,"threshold":143,"geoPreference":240,"clickTracking":240,"askHeadline":272,"askDescription":273,"positiveHeadline":274,"positiveDescription":275,"negativeHeadline":276,"negativeDescription":277,"reviewSites":278},[264,265,266,267,268,269,270,271],"leave a review","write a review","review","feedback","testimonial","google review","yelp","avvo","How would you rate your experience?","Choose a rating so we can route you to the right next step.","Thank you for the kind words!","Would you mind sharing your experience on one of the review platforms below?","We are sorry to hear that.","Tell us what happened and the office can review it directly.",[]]