Frequently Asked Questions
Homicide law is an area most of us general folk know nothing about until we are forced to deal with a homicide in our personal lives, which is why consulting with an excellent and knowledgeable Albuquerque homicide lawyer is crucial. Homicide cases are an attorney’s most sensitive. They are dealing with highly emotional and life-changing outcomes not only for plaintiffs, but for families involved as well. If you find yourself needing expert homicide law advice, you will want to contact a highly experienced Albuquerque homicide lawyer like Twohig Law Firm.
The Twohig Law Firm
The Twohig Law Firm has served individuals fighting for their rights in state and federal courtrooms across New Mexico for over 40 years. Head attorney Ray Twohig was named Southwest Super Lawyer in 2008 and each year from 2010 to 2014. His team of experienced attorneys, investigators, paralegals and supporting staff at Twohig Law firm were named 2014 Best Lawyers Best Law Firms. Every client’s case matters and is treated with equal diligence regardless of profile. Here are some answers to Twohig Law Firm’s frequently asked questions about homicide law.
Frequently Asked Questions
What is the definition of a homicide?
The act of one person killing another is called homicide. According to state and federal law, there are different punishments doled out for different levels of homicide.
What are the levels of homicide as distinguished in most states?
In most cases, the level of homicide you are charged with is determined by the level of intent. First degree premeditated murder is classified as a person who committed the crime with the intent to kill or in other words, planned the murder. Second degree murder is when a person is killed by another who knows or should know that their actions could result in death. Manslaughter must show a person committed the crime recklessly, but may or may not have caused the death of another. Negligent homicide is when a person did something knowing they should not do, and due to their actions caused the death of another person.
Should I file for full custody of our children if my ex-spouse is under investigation for being an accomplice in a homicide?
If your ex-spouse is under investigation for homicide or accomplice in a homicide, immediately request full custody of your child to avoid exposure to any danger. You can ask the detectives to notify you in the event your ex-spouse is arrested so that if your child is with your ex-spouse during the arrest, you can receive your child instead of child protective services.
Can the judge overturn a jury verdict, and what happens if the jury is hung?
In most cases of a hung jury, the judge declares a mistrial and orders a new trial to start over with a new jury. In this case, a judge cannot overturn a verdict that has not yet been given. In rare cases, a judge has, however, reversed a conviction. The new jury will witness a different trial from the first, since both the prosecutor and defense attorneys are aware of the other’s strategy learned from the first trial.
After conviction, how do you get a new and fair homicide trial?
If you have already served time in prison for homicide, your attorney can file a post-conviction appeal to request a new and fair trial. Many homicide cases are complicated requiring close introspection of the first trial transcript as well as the case files. Careful attention to detail is needed adding more time to review. It is common for someone to wait a year on the court to write back on an appeal. Little can be done to speed up this process, though good attorneys comply and stay on top of filing deadlines outlined by the court.
Contact an Albuquerque Homicide Lawyer
The Albuquerque homicide attorneys at Twohig Law Firm may be reached at (505) 898-0400 to schedule a consultation. Due to the highly delicate nature and severe consequences of homicide cases, you will want an attorney who will fight for your life, the best representation possible and an aggressive defense to protect your future. Find an Albuquerque homicide lawyer at Twohig Law Firm.