Burgess and Porter

Burgess and Porter At Burgess and Porter we accept fewer cases to insure that our clients are provided with the best legal advocacy and counsel available in New Mexicko.
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Vision Statement At Burgess and Porter we accept fewer cases to insure that out clients are provided with the best legal advocacy and counsel available in New Mexico. Our bottom line is not money – it is excellent legal representation and the protection of our client’s constitutional rights. We will thoroughly prepare each case for hearings and/or trial. This will include interviewing all witnesses, conducting site visits, examination all physical evidence, requesting needed forensic testing, and other evidence in support of our client’s defense or position. We will assert and fight for all of our clients’ constitutional rights. We will file and argue to the court all applicable motions, including motions to suppress evidence, motion to dismiss, motions to compel discovery, motions for release, and motions in limine prior to trial.

Mission: To provide top quality and comprehensive legal services to all clients, bringing about the best possible outcome for their cases.

Operating as usual

11/05/2018

Our message to our Jewish brothers and sisters in light of the Pittsburgh murders:

We respect, honor and encourage your faith.

We will act against any hate or violence directed toward you.

We are grateful and proud to be an Americans with you.

This never happens.  Susan Burgess-Farrell got first degree criminal sexual convictions vacated for our BPLAW client fol...
09/29/2018

This never happens. Susan Burgess-Farrell got first degree criminal sexual convictions vacated for our BPLAW client following a meticulously laid out Habeas Corpus petition and evidentiary hearing. Our client will now get the fair trial he should have received in the first place. After years in custody, an innocent man may finally be freed! Way to go Ms. Burgess-Farrell and Investigator Scott Elliott.

09/26/2018

September 2018 was a crazy good month for Burgess & Porter Law clients:

1. Through motions to the District Court we were able to get two charges of criminal sexual penetration reduced to one charge of criminal sexual contact. A week later, we were able to convince the District Attorney to dismiss the case against our client completely, as they were going to lose at trial.

2. In the first week of September, as a result of two Motions to Suppress Evidence, we were able to get all of the evidence in a marijuana trafficking case excluded and the case dismissed.

3. Susan Burgess-Farrell was able to get four Sandoval County felony offenses dismissed at the preliminary hearing stage.

4. In the second week of September, after a full evidentiary hearing, the Cibola County court suppressed all the evidence in another Interstate-40 marijuana trafficking case. Case dismissed!

5. We had three families have CYFD return their children and get their cases completely dismissed.

6. Barry Porter successfully argued to the New Mexico parole board to discharge a client from his 20-year parole. Finally and totally free.

7. We successfully convince a Children’s Court Special Master to not take custody of a client’s four-year-old son, following CYFD’s petition for custody.

Definitely our favorite court document.  Got a full acquittal on sex charges in Aztec, New Mexico, and so far 6 dismissa...
05/21/2018

Definitely our favorite court document. Got a full acquittal on sex charges in Aztec, New Mexico, and so far 6 dismissal of felony cases in Sandoval County, 4 dismissals of Children's Court cases, and several Nolle Prosequi notices for clients. So far, 2018, shaping up to be another great year for Burgess and Porter Law and our clients!

01/23/2018

Hard line plea offers short cut rights!

Susan Burgess-Farrell secures another dismissal of a criminal case - Armed Robbery.  Client's exposure was 16 years in p...
05/03/2017

Susan Burgess-Farrell secures another dismissal of a criminal case - Armed Robbery. Client's exposure was 16 years in prison... he now walks away from this case a free man!

Commentary provided by Barry Porter for KOAT Channel 7 News on sex offense penalties.
02/26/2017

Commentary provided by Barry Porter for KOAT Channel 7 News on sex offense penalties.

03/26/2016

February and March 2016 have been two terrific months for Burgess and Porter Law clients:

Drug Trafficking charge dismissed after full day hearing on Motion to Suppress Evidence. The Court found that the alleged consent of our clients was invalid!

Felony Aggravated Battery, Great Bodily Harm, and False Imprisonment full acquittal. After four day jury trial, BP Law client found not guilty of all seven charges.

Two parents in Children's Court are getting their kids back... and their CYFD cases dismissed.

Two Metro Court battery and stalking charges dismissed.

Two felony charges in Sandoval County dismissed at preliminary hearing!

02/11/2016

Bogus Stalking charges dismissed against client. After work-up, investigation, and pretrial interviews, Susan Burgess-Farrell was able to get a bogus charge of stalking dismissed against a client today. The best result ever!

Body Camera work... bringing more truth into court for our clients.  Defense attorneys support statewide use of body cam...
02/07/2016
Defense attorneys support statewide use of body cameras

Body Camera work... bringing more truth into court for our clients.

Defense attorneys support statewide use of body cameras
By Ryan Boetel / Journal Staff Writer
Friday, February 5th, 2016 at 11:51pm

ALBUQUERQUE, N.M. — Criminal defense attorneys said Friday that they support a clear-cut policy that has law enforcement officers statewide use body cameras to record almost all of their criminal and traffic investigations.

The New Mexico Criminal Defense Lawyers Association, in a prepared statement, encouraged the Bernalillo County Sheriff’s Office to start using the cameras and applauded the Albuquerque Police Department for being a leader in the area. APD was the first metropolitan police department in the country to outfit most of its officers with the cameras, but the BCSO doesn’t use them.

Albuquerque attorney Barry Porter, the treasurer of the association, said the defense bar took a stance on the matter because both the APD and BCSO received attention recently for their camera policies.

Albuquerque police revealed this week a University of New Mexico study that made several key suggested changes to the department’s on-body camera policy. The study found that Albuquerque’s current policy is confusing and difficult for officers to follow, and supervisors to audit.

The department is considering changes to the policy as part of a reform effort outlined in a settlement between the city and Department of Justice.

And last week, the Bernalillo County commission and sheriff were sued over the alleged wrongful death of an 88-year-old man with Alzheimer’s disease who was shot with pepper balls, which are like paint balls filled with a stinging chemical, and who suffered broken bones after a police K-9 knocked him over.

The man’s family is seeking to have a judge order the Sheriff’s Office to start to using the cameras as part of the relief they seeking in the lawsuit.

A BCSO spokesman couldn’t be reached for comment Friday.

“Right now, BCSO has no mandatory policy, and citizens outside of Albuquerque city limits are not provided the same protections that body cameras afford the citizens of Albuquerque,” the defense bar said in a statement.

Porter said defense attorneys support having police record all traffic stops, on-scene investigations, interviews with witnesses and suspects, arrests, and the searches of persons, homes, vehicles and personal belongings.

But Porter said that, because of trial publicity and privacy issues, defense attorneys are in favor of limiting the disclosure of certain videos to attorneys and law enforcement involved in ongoing investigations and criminal cases.

“When people know they are being recorded, everybody behaves better. Both the citizens being recorded and the police themselves,” he said.

The defense bar also wants mandatory discipline for officers who violate camera policies.

An APD spokeswoman couldn’t be reached for comment on Friday. City Attorney Jessica Hernandez said this week that the city has developed a draft of an updated lapel camera policy. Before that policy goes into effect, it will have to be reviewed by the police union, the DOJ and the independent monitor, and federal judge overseeing the reform effort, which is underway after the DOJ investigation found Albuquerque police had a pattern of excessive force.

Defense attorneys support statewide use of body cameras

ALBUQUERQUE, N.M. — Criminal defense attorneys said Friday that they support a clear-cut policy that has law enforcement officers statewide use body cameras to record almost all of their criminal and traffic investigations.

The New Mexico Criminal Defense Lawyers Association, in a prepared statement, encouraged the Bernalillo County Sheriff’s Office to start using the cameras and applauded the Albuquerque Police Department for being a leader in the area. APD was the first metropolitan police department in the country to outfit most of its officers with the cameras, but the BCSO doesn’t use them.

Albuquerque attorney Barry Porter, the treasurer of the association, said the defense bar took a stance on the matter because both the APD and BCSO received attention recently for their camera policies.

“Right now, BCSO has no mandatory policy, and citizens outside of Albuquerque city limits are not provided the same protections that body cameras afford the citizens of Albuquerque,” the defense bar said in a statement.

Porter said defense attorneys support having police record all traffic stops, on-scene investigations, interviews with witnesses and suspects, arrests, and the searches of persons, homes, vehicles and personal belongings.

But Porter said that, because of trial publicity and privacy issues, defense attorneys are in favor of limiting the disclosure of certain videos to attorneys and law enforcement involved in ongoing investigations and criminal cases.

“When people know they are being recorded, everybody behaves better. Both the citizens being recorded and the police themselves,” he said.

Criminal defense attorneys said Friday that they support a clear-cut policy that has law enforcement ...

12/22/2015

Gabriel and the Christmas Miracle.

It may sound like a bible story, but it's about the freedom of a young man here in Albuquerque. Last week, Susan Burgess-Farrell picked up a new client, Gabriel, in Sandoval County. After researching his situation, getting detention certificates, talking with his family, and then making argument to the judge, Gabriel's outstanding felony case was dismissed. In anticipation of the dismissal, Ms. Burgess-Farrell had a Metro Court warrant cancelled, and had two bench warrant matters set for an expedited hearing in Rio Rancho.

Just yesterday, after landing in the care of Ms. Burgess-Farrell less than a week ago, the client was released from all cases to the very happy arms of his family. Home for the holidays... happy and safe.

May we all have a happy and safe start to 2016!

Polygraph set up at Burgess and Porter Law.  New Mexico is the only state in the United States that permits admission of...
11/17/2015

Polygraph set up at Burgess and Porter Law. New Mexico is the only state in the United States that permits admission of polygraph results at a criminal trial. An excellent tool for showing the truthfulness of our clients to the jury. See New Mexico Rules of Court 11-707. This picture is from one of New Mexico's best and most accurate polygraphers, Eric Lucero.

Join us in using this great tool from ACLU.
11/13/2015
ACLU Apps to Record Police Conduct

Join us in using this great tool from ACLU.

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Burgess and Porter's cover photo
11/01/2015

Burgess and Porter's cover photo

Burgess and Porter's cover photo
11/01/2015

Burgess and Porter's cover photo

New Web Pix... with the very sassy Susan Burgess Farrell
10/31/2015

New Web Pix... with the very sassy Susan Burgess Farrell

Burgess and Porter
10/31/2015

Burgess and Porter

04/22/2015

Down Doggie!

US Supreme Court says that the Fourth Amendment does not tolerate a dog sniff conducted after completion of a traffic stop. "We hold that a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures."

Rodriguez v. United States, No. 13-9972.

Great new tools and tips picked up at the New Mexico Criminal Defense Lawyers Association seminar on Federal Practice.  ...
04/16/2015

Great new tools and tips picked up at the New Mexico Criminal Defense Lawyers Association seminar on Federal Practice. Big thanks to Ian King and the great presenters from the Federal Public Defender office!

Happy to be supporting some young lawyers for the NMCDLA Trial Skills College - Adelante Constitutional Warriors
03/11/2015

Happy to be supporting some young lawyers for the NMCDLA Trial Skills College - Adelante Constitutional Warriors

02/24/2015

Fresh off the plane from 3-day seminar on "Winning Strategies" in federal court. Ready to battle those sentencing guidelines!

02/07/2015

Recently appointed to the Criminal Justice Act panel for New Mexico. Federal Court here we come!

Let Us Protect Your Rights!
12/31/2014

Let Us Protect Your Rights!

Timeline Photos
12/31/2014

Timeline Photos

Our New Digs: Beautifully Restored Historic Simms Building
12/31/2014

Our New Digs: Beautifully Restored Historic Simms Building

Our New Digs
12/31/2014

Our New Digs

Profile pictures
12/19/2014

Profile pictures

Practice founder Susan Burgess-Farrell standing in front of the District Court house in Albuquerque, New Mexico.
12/19/2014

Practice founder Susan Burgess-Farrell standing in front of the District Court house in Albuquerque, New Mexico.

Address

400 Gold Ave SW Suite 910
Albuquerque, NM
87102

Opening Hours

Monday 08:00 - 17:00
Tuesday 08:00 - 17:00
Wednesday 08:00 - 17:00
Thursday 08:00 - 17:00
Friday 08:00 - 17:00

Telephone

(505) 433-5396

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Our Justice Story

Vision Statement At Burgess and Porter we accept fewer cases to insure that our clients are provided with the best legal advocacy and counsel available in New Mexico. Our bottom line is not money – it is excellent legal representation and the protection of our client’s constitutional rights. We will thoroughly prepare each case for hearings and/or trial. This will include interviewing all witnesses, conducting site visits, examination all physical evidence, requesting needed forensic testing, and other evidence in support of our client’s defense or position. We will assert and fight for all of our clients’ constitutional rights. We will file and argue to the court all applicable motions, including motions to suppress evidence, motion to dismiss, motions to compel discovery, motions for release, and motions in limine prior to trial.

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