The Romero Law Firm, P.A.

The Romero Law Firm, P.A. Criminal charges are serious—there are no two ways around it. When you come to The Romero Law Firm, you can have confidence in the help provided by a criminal defense lawyer in Albuquerque.

Attorney Romero has experience with a wide array of different criminal charges and is well equipped to come to your assistance and support you today. He has dealt with charges of traffic offenses of all kinds, and he is prepared to take on your case and support you today. Have you been accused of committing a violent crime or a theft crime? Are you dealing with the aftereffects of a civil rights v

Attorney Romero has experience with a wide array of different criminal charges and is well equipped to come to your assistance and support you today. He has dealt with charges of traffic offenses of all kinds, and he is prepared to take on your case and support you today. Have you been accused of committing a violent crime or a theft crime? Are you dealing with the aftereffects of a civil rights v

Operating as usual

09/24/2020
Our law firm was just honored by the American Institute of a Criminal Law Attorneys as “10 Best Attorneys” for New Mexic...
07/19/2020

Our law firm was just honored by the American Institute of a Criminal Law Attorneys as “10 Best Attorneys” for New Mexico for Client Satisfaction in the practice area of Criminal Law.

We prepare to enter the 18th year of our practice with tremendous gratitude to our clients and colleagues for helping us achieve this recognition!

03/30/2020

We continue to provide high quality representation to clients during this time of tremendous concern. Please call our office to arrange for a teleconference: (505) 345-9616.

09/13/2019

Expungement? New Mexico joined the majority of states by enacting an expungement statute last session. Many will qualify for expungement of their criminal record(s) that don't know. If a criminal conviction or charge is adversely affecting you and you'd like to see what you can do about it, talk to us!

We are proud to announce that our principal attorney, Roman R. Romero, was just chosen to receive this year's "Top 10 At...
09/11/2019

We are proud to announce that our principal attorney, Roman R. Romero, was just chosen to receive this year's "Top 10 Attorney Award for the State of New Mexico" by the National Academy of Criminal Defense Attorney's.

04/15/2019

Today, our law firm was nominated for the award "Mexican Owned Business Excellence" by Latin American News.

02/11/2019

I was recently asked why there appears to be any 4th Amendment protections at International Ports of entry. In U.S. v. Montoya de Hernandez, the Supreme Court held that federal agents can stop and search a traveler at an international border (or international airport) even without a warrant or reasonable suspicion of the target's wrongdoing.

Recently, this same logic has resulted in the unfettered search of electronic devices at borders. Agents have even required a password for electronic devices. The practice of demanding passwords and maintaining the electronic devices is currently being challenged.

10/01/2018

The Louisiana State Supreme Court found that when an accused asked for a "lawyer dog" it was not an unambiguous invocation of his right to counsel.

One would wonder: What if he requested a "lawyer, dog" instead of a "lawyer dog?"

Or, was his invocation equivocal either way because he prefaced his alleged assertion with "if y'all think I did it..."

Here is the entire rip from the record: ""if y' all, this is how I feel, if y' all think I did it, I know that I didn't do it so why don't you just give me a lawyer dog cause this is not what's up."
See, State v. Demesme, 228 So. 3d 1206, 1206, 2017 La. LEXIS 2519, *1, 2017-0954 (La. 10/27/17).

Román R. Romero just got selected as one of the 10 best attorneys for New Mexico for Client Satisfaction in the practice...
04/02/2018

Román R. Romero just got selected as one of the 10 best attorneys for New Mexico for Client Satisfaction in the practice area of Criminal Law.

02/14/2018

News Release: Today, Roman Romero was requested to join the American Association of Premier DUI Attorneys.

The Romero Law Firm, P.A. proudly announces the addition of Alan Varela to our team! We are now graciously accepting cli...
07/06/2017
Alan Varela | The Romero Law Firm, P.A. | Albuquerque Criminal Defense Attorney

The Romero Law Firm, P.A. proudly announces the addition of Alan Varela to our team! We are now graciously accepting clients with catastrophic personal injuries, construction and contractor licensing issues, and governmental and regulatory relations.

Let our firm's 45 years of legal experience go to work for you!

http://www.romerolawfirm.com/Attorneys/Alan-M-Varela.aspx

Learn more about Alan Varela from an Albuquerque Criminal Lawyer at our New Mexico office in Bernalillo County. Call us today at !

02/29/2016
Albuquerque DWI Attorney | The Romero Law Firm, P.A.

A DWI conviction can result in severe penalties. If you've been charged with driving while intoxicated, don't take any chances and contact an Albuquerque defense attorney immediately. To learn more about how our firm can assist you, visit our website!

Arrested for drunk driving in Albuquerque? Contact The Romero Law Firm, P.A for help from a DWI lawyer with 10+ years of experience. Free case evaluations!

Our firm supports NMHU Athletics.  Go Cowboys!
12/21/2015

Our firm supports NMHU Athletics. Go Cowboys!

Attorney Román Romero is recognized in the courtroom for his experience, aggression, and long list of successes. Judges ...
06/18/2015
Biography of Román Romero

Attorney Román Romero is recognized in the courtroom for his experience, aggression, and long list of successes. Judges and attorneys alike respect his knowledge and skill. Learn more about #Albuquerque #CriminalDefense #attorney Romero by reading his profile below. Call (505) 345-9616 if you are facing charges.

Read the profile of Román Romero, Albuquerque criminal defense attorney. Call The Romero Law Firm, P.A. today for relentless and effective defense!

The Romero Law Firm, P.A.
06/08/2015

The Romero Law Firm, P.A.

The Romero Law Firm, P.A.'s cover photo
06/08/2015

The Romero Law Firm, P.A.'s cover photo

04/13/2015

Tech bands: Information gathered on a wristband monitoring device might be allowed as evidence at trial. A case is happening now where a client claims to have been sleep deprived due to pain suffered from an auto accident. If the jury believes the client's complaints, it may enhance money damages. The client wore the monitoring device while treating, that demonstrates she only slept sporadically. The Court will have to decide if the wristband is sufficiently reliable, and more probative than prejudicial before admitting the evidence at trial. Damages are sometimes hard to prove/quantify.
Kudos to the lawyer for getting creative.

12/15/2014

Just in from the U.S. Supreme Court: Police officers can detain people when the police officer doesn't know what the law is. Yup. You read it right. Police now don't have to know the law they are accusing someone of violating. If they reasonably are mistaken as to what the law is, their intrusion will be found lawful. This was an 8-1 decision. (Heien v. North Carolina).

Note, however, that New Mexico's Constitution affords greater protections than the U.S. Constitution. In turn, there's still hope that the New Mexico Courts will see this issue differently.

10/29/2014

Just had one of those moments! A client that was busted three times with dope was in serious trouble, facing 9yrs. Found God, Got help, got clean, got employed, got away from the bad crowd. Got sentenced to UNSUPERVISED PROBATION today. In 2.5 years, will have a clean record! So proud of that client.

For those of you that know someone struggling with addiction: there's hope!

09/19/2014

The Republic of Mexico has announced that it will be implementing a larger penalty for kidnapping cases. The new penalty in the Mexican sentencing guidelines will be 40 years (instead of 20). If the victim is killed, the maximum sentence will move from 50 years to 140. It is estimated that fewer than 5% of all kidnappings in Mexico are reported to the authorities.

Mexico's crime statistics are closely being monitored since the arrest of alleged drug kingpin Joaquin "El Chapo" Guzman this February. Some believe that violent crimes will decrease due to changes in the Sinaloa cartel's power structure, while others believe it will increase as the cartel "reorganizes."

The Romero Law Firm, P.A.
08/21/2014

The Romero Law Firm, P.A.

08/20/2014

Just found out that the ABA supports a proposed amendment to the U.S. Sentencing Guidelines that will slightly lower drug crime sentences across the board.

This has been an issue I'd hoped would come up a long time ago, as the amount of drugs involved in each crime shouldn't always determine the appropriate sentence. Instead, other factors like criminal conduct, overall involvement level, personal characteristics of the accused and criminal history should be more heavily relied upon. Just sentences should also always entail some sort of rehabilitation to reduce recidivism. I invite the sentencing commission and the ABA to place more import on rehabilitation when it comes to sentencing.

12/17/2013

JUST FOUND OUT WE WON A BIG APPEAL TODAY!

We represented a client that was charged with trafficking a controlled substance (co***ne) two years ago. We were able to get the District Court judge to issue an order suppressing all of the evidence in the case. In essence, the case had to be dismissed. The government appealed. The Court of Appeals just held:

"We conclude that the district court did not err in finding that there was no reasonable suspicion for the stop on the basis of a Section 66-7-308(A) violation and that sufficient evidence supported the district court's ruling." Affirmed.

For the full Memorandum Opinion from the Court of Appeals, see, New Mexico State Court of Appeals Case No. 32,544.

11/15/2013

Coercion or Extortion?
The U.S. Supreme Court made the distinction between the two in Sekhar v. United States recently.

Sekhar allegedly threatened the general counsel of a state agency that he would disclose his extramarital affair if he did not recommend that the state invest in Sekhar's employer's fund. The Hobbs Act prohibits extortion. The Court held that when Sekhar demanded a recommendation, the recommendation was not "property." Since the Hobbs Act prohibits extortion in return for property, Sekhar merely exercised coercion as opposed to exercising extortion. In turn, Sekhar's federal conviction was overturned.

A good lawyer can make a big difference....

10/08/2013

I just got a cool card from a client, and the client was o.k. with me sharing it:

".... Dear Roman, I would like to express my appreciation to you and your assistant Phillip for your patience and great work in the last three months. Thanks for your sense of humor at difficult times. I cannot say enough thanks for what you have done for me." -X. D**g.

08/12/2013

Objection: Trial lawyer failed to object.

In State v. Samora, a juror was excused from jury duty because he did not understand English very well. The Defendant's trial lawyer failed to timely object to excusing the juror, and later was convicted of murder. On appeal, the Supreme Court of New Mexico found that it is not lawful to excuse a juror based on their ability to understand English. But, the Court also found, in essence, that since the trial lawyer failed to object during the trial, the conviction will not be overturned. This case was a very important reminder that trial lawyers have to stay on their feet and bring appropriate objections timely. The failure to do so in this case proved costly. How costly was the error? Basically, the Supreme Court's decision reads something like this: The Constitution of the State of New Mexico, Art. VII, Sec. 3, guarantees that everyone can sit on a jury regardless of language, race, religion or color only if you complain about it on time. Ouch!

08/12/2013

Jury Instructions: What's not there can be just as important as what is there! In State v. Bradford, the prosecution failed to submit complete jury instructions to the grand jury concerning a felony embezzlement charge. On appeal, the Court of Appeals made it clear that the definitional instructions to some of the elements of embezzlement were required to be submitted to the grand jury. Since they were not, the denial of the Defendant's motion to dismiss was reversed. The Court recognized that the prosecutor has a duty to inform the grand jury of all of the essential elements of the offense.

06/25/2013

DWI: Testing the Independent Test.
In N.M., everyone has a right to a reasonable opportunity to have an independent blood or breath alcohol test after taking a State breath or blood alcohol test. The firm will be testing the limits of this "right" this week. Does the arresting officer have to take the arrestee to a hospital for an independent test? Does the officer have to permit an arrestee to search the internet to find a testing facility? What is the remedy when a criminal defendant is denied the right? There is no case law on point her in N.M. yet. It will be interesting to see what the trial court thinks...

06/11/2013

To Swab or Not to Swab?

The United States Supreme Court ruled, in a narrow, 5-4 decision, that someone validly arrested for a serious offense may be ordered to provide a DNA sample. The Court ruled that the sample could be taken without an individualized suspicion that the accused was involved in prior crimes. Prior to the decision, states have scrambled to enact laws that allow them to attempt to resolve cold cases by collecting DNA samples from felons, probationers, and those merely arrested. Look out for an expanded DNA collection program in each state based upon the decision....

05/13/2013

Is your high school principal a cop?

In State v. Antonio T., our Court of Appeals held that when a high school vice principal was interrogating a student, he was not acting as an agent for law enforcement. In turn, the vice principal was not required to provide the student with Miranda warnings, and his admissions against his own interest were properly allowed into evidence.

05/02/2013

5/2/13: DWI Case dismissed. In State vs. Ochoa, it was held that New Mexico law departs from federal precedent, and makes pretextual stops illegal. In other words, even if the arresting officer has a valid reason to detain someone, the detention is unconstitutional if the real reason for the detention is to attempt to uncover other, unrelated criminal conduct.

Today I argued a motion based on the Ochoa decision, and my client's case was dismissed.

02/24/2013

When is a Ping a private thing?

The U.S. Sixth Circuit Court of Appeals recently o.k.'d the government's secret interception (and use) of the data sent and received from a pay-as-you-go cell phone to locate and convict a drug dealer. The DEA was able to track and locate the defendant because once his mobile phone was on, a "ping" periodically occurs. A ping happens when a cell phone connects with the closest cell phone tower. By collecting ping data, it is relatively easy to track someone's movements. The Court held that there is no expectation of privacy to a citizen's movements.

A petition for review by the Supreme Court was filed, but no decision has been rendered yet.

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1001 5th St NW
Albuquerque, NM
87102

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