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Know Your Rights – Help! I’ve been arrested for DUI on the Navajo Nation!

Never admit to drinking to a Navajo police officer! Should you ever find yourself the target of a DUI investigation, never admit to drinking to a Navajo police officer. Pursuant to the Navajo Bill of Rights and the prohibition against self-incrimination, you are not required to answer such an incriminating question. 1 N.N.C. § 8. […]

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What’s the Difference Between a Public Defender and a Private Attorney?

If you find yourself in a tough legal situation, then you will need a lawyer. Not having a lawyer is unacceptable. Pleading guilty is unacceptable. Surrendering without a fight is not an option. You need a lawyer who will represent you to the best of his or her ability. A lawyer can save you money […]

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New Mexico Semi-trailer Truck Crash FAQ – Most Frequent Questions Answered

1. When I’m involved in a crash with a semi-trailer truck in Gallup or McKinley County, how can I ensure that my legal rights are still protected? In the immediate aftermath of the crash, a police report needs to be filed and your account of the accident needs to be provided. Soon after this takes […]

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What are the consequences of refusing a DWI breath test in New Mexico, and what are the consequences of not hiring a private attorney?

If you have been pulled over for DWI (Driving While Intoxicated), you might be asked to take a breath test to verify whether you are impaired and to determine the level of blood alcohol in your system. Should you refuse? What are the legal consequences of declining a breathalyzer test in New Mexico? There are […]

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Public Forum on Racial Profiling

Join community members, tribal members, academics and lawyers concerned about bordertown racial profiling in Gallup, New Mexico. Tonight from 5:00 pm to 7:00 pm there will be a know-your-rights discussion at the downtown conference center with emphasis on Gallup’s anti-panhandling ordinance. Presenters include Dr. Jennifer Denetdale, Dr. David Correia, Dr. Melanie Yazzie, and attorney Barry […]

Know your Rights! If Zuni police have arrested you for DWI act quickly.

If you are facing criminal charges by the Zuni Pueblo in suspicion of any crime, including DWI, know that both the Zuni law and the Indian Civil Rights Act afford you certain protections. If you were arrested for DWI, and you blew .08 or above, or you refused to take the breathalyzer, you automatically lose […]

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Navajo Nation police are required to “Mirandize plus” detainees. How does this apply to DWI?

In general, state constitutions and the federal constitution protect the accused from self-incrimination. In a DWI investigation self-incrimination can take several forms, including answering the following common questions from the investigating police officer: whether one has had anything to drink, where one has been drinking, or where one is driving from and to. Any answer by […]

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RIP Justice Scalia

The lion of the U.S. Supreme Court passed away on on February 13, 2016. While I did not always agree with his opinions, particularly his often caustic dissents on “social” issues, he nonetheless was a vocal participant who was driven by his passion and he is deserving of condolences. Without a doubt Justice Scalia was a strident defender […]

New Mexico posed to enact curfew law allowing cities to criminalize behavior that is not unlawful if committed by adults

There are several anti-crime bills being discussed for the upcoming state legislative session, one of which is legislation that would permit municipalities to enact ordinances that authorize criminal sanctions for youth violating a curfew. The New Mexico Supreme Court addressed a challenge to an ordinance the City of Albuquerque had in a 1999 decision, concluding “that the […]

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Navajo Supreme Court Broadens Protection for Preference in Professional Services Contracts

In a recent opinion by the Navajo Supreme Court regarding Navajo preference in business contracting, a majority Navajo-owned corporation, Iiná Bá, Inc., was held to have been entitled to Navajo business preference under the Navajo Bill of Rights, and its civil rights were hence violated when preference was not applied in scoring a multi-million dollar […]

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