Don't Let The Maze of the Legal System Overwhelm You.
We're Here to Help You!
Whether you're facing Divorce, Child Custody, Child Support Issues or have recently been arrested for DWI, you are facing very complicated legal problems.
Serving the Albuquerque Metropolitan Area, Sandoval, Santa Fe,Torrance, and Valencia Counties.
Family Law:
Family legal matters can be overwhelming, emotional and complicated in a number of ways. Don't go it alone! Let us help you. Mr. Mueller began handling Family Law cases while in law school!
If you believe your child or children are not receiving the child support they are legally entitled, please call us today. We can show you how you can collect the child support your children deserve and are legally entitled!
When you retain us, we will file all the necessary Court pleadings to get your case before a Judge as quickly as possible. We then begin the process of investigating the other parent's assets, income, and resources.
Are your children owed back-child support (arrears)? We can certainly assist you and coordinate with Child Support Enforcement Division to get the money your children legally deserve.
Would you enjoy seeing your children more often?
Like child support, custody and visitation are governed by State law. If you believe you are legally entitled to enjoy more quality time with your children, please contact us. We would like to discuss possible modifications to your Timesharing Plan/Parenting Plan.
We can help you increase your visitation and times of parental responsibilities.
Remember despite what the other parent may say, you and your children have a right to maintain a relationship and visitation even when child support may be at issue.
Divorce:
Marriage is a milestone in a person's life; likewise so can be the dissolution of that marriage. We handle select divorce matters based upon the facts and circumstances of each case.
We will guide you as you build your new life, ensuring that your property is protected and that you receive your fair share of assets, property, any support if applicable. And if you have a child or children, we'll fight hard. Their best interests must be protected!
We will file the necessary motions to request temporary domestic support and we will ensure your assets and property are protected by means of Temporary Domestic Orders.
New Mexico is a no-fault state; which means that either party can petition for divorce. And the divorce can be granted even if the other spouse doesn't want the divorce! You don't have to prove adultery, abandonment, or cruelty. You simply have to tell the Court that you have "irreconcilable differences".
New Mexico is also a community property state. This means that each married spouse has both separate property and community property. Separate property are things that you had previous to the marriage or received as a specific gift just to you during the marriage. Other conditions of course apply.
The community property are those things which are owned by the married couple as an entity. An example of community property might be a home or a car. In New Mexico generally the community property is divided equally and each party will keep their own separate property. The same also applies to debts.
In most divorces there are several things that must be decided: child custody and visitation which is addressed in a mutually agreed upon parenting plan; division of community property, division of community debt, tax issues, possible spousal support, and divison of pension plans which are addressed in a mutually agreed upon marital settlement agreement.
During a divorce, in some instances interim support, temporary spousal support, or rehabilitative spousal support are applicable. We will help you so you can receive the support and benefits you are legally entitled to.
In other cases, division and distribution of retirement plans are at issue. We'll explain what those terms mean and much more. And we'll show you how these concepts affect your daily life.
Custody and Child Support are determined in the following ways. Parents can either agree to fashion a fair parenting plan for themselves or when a dispute arises file a motion with the Court.
In Bernalillo County, the Court will likely refer the case to the Court Clinic which evaluates the parents and sometimes the children in order to determine "what's in the best interests of the child/ren." Joint Custody is generally the case with one parent in the role of primary caregiver called the custodial parent and the other parent receiving visitation on specified occasions.
Many of the smaller cities in New Mexico have similar Court Clinics. Or the Court can appoint certain professionals called "Rule 706 Experts" who are in essence custody evaluators. These people help the Court decide the custody arrangement.
The non-custodial parent typically must pay child support which is determined by the New Mexico Child Support Guidelines which is a spread sheet which automatically calculates a child support worksheet based upon income, budgets, and a set of guidelines. Child Support varies greatly.
Don't let anyone intimidate you, put the law on your side.
Mr. Mueller's law office also handles victim representation. We represent the victims of Domestic Violence. If you or your children are experiencing Domestic Violence, please don't let it continue.
Call the Police, the Sheriff, or New Mexico State Police.
And then call us! 505-563-5614
The Law Office of Jay R. Mueller can Help You!
We can guide you through the maze of the legal process, help you obtain protection orders and even represent you in Court if the District Attorney decides to prosecute your abuser.
Don't let the complications of our legal system overwhelm or confuse you! Did you know that often times a Family Law case is fought in Family Court, Metro Court, and sometimes even in the Children's Court all at the same time?
We will guide you through the burdensome process of protecting your rights.
If you need professional legal advice with respect to Divorce, Child Support,Visitation, the New Mexico Child Support Enforcement Division or Domestic Violence, please contact us today.
We also work with Domestic Partnerships and Same-Sex Couples with respect to their unique legal needs. We can help you draft relationship agreements, powers of attorney, living wills, and just about anything to protect your rights. We can also help with child support and custody issues too!
We handle cases involving Child Custody and Visitation, Child Support Enforcement, Child Support Modification, Divorce, Domestic Violence, and Prenuptial Agreements.
Criminal Defense and DWI Cases:
If you have been arrested and charged with a crime, don't go it alone. Call us Today! Being arrested and charged with a crime is serious and may carry severe consequences. You could face jail, high fines, and employment problems, to say the very least.
Just because they arrested you doesn’t make you guilty!
Together, We Can Win!
Some Basic Information About New Mexico Criminal and DWI Law
Driving While Intoxicated (DWI)
1st Offense (Misdemeanor)
6 months to 1 year license revocation
Up to 90 days in jail and Fine Up to $500
Mandatory:
DWI school, alcohol evaluation, one-year ignition interlock, community service
·
1st Offense (Aggravated) (.16 or higher BAC, and/or Refusal, and/or Serious Accident) 48 hours in jail plus everything above.
2nd Offense(Misdemeanor)
2 year license revocation, Up to 364 days in jail, 96 hours mandatory, Up to $1000 fine.
Mandatory: alcohol evaluation, two-year ignition interlock, community service, treatment, Up to 5 years probation,
Aggravated Mandatory: 72 hours in jail
3rd Offense(Misdemeanor)
3year license revocation, Up to 364 days in jail,Up to $1000 fine
Mandatory:
alcohol evaluation
3 year ignition interlock
community service
treatment
Up to 5 years Probation
Aggravated Mandatory:
60 days in jail
4th Offense and Higher (Felony)
· Lifetime license revocation with 5year court review
· Up to $5000 fine
· Mandatory:
alcohol evaluation
treatment
lifetime ignition interlock with 5 year court review
· Time in jail:
4th: 18 months, mandatory 6 months
5th: 2 years, mandatory 1 year
6th: 30 months, mandatory 18 months
7th and subsequent: 3 years, mandatory 2years
In addition, an aggravated DWI charge may escalate your consequences and complicate your DWI defense. A DWI is considered aggravated if you allegedly refused to take a breath or blood test when arrested, have a blood alcohol level of .16 or higher, or caused an accident resulting in serious injuries.
Misdemeanors versus Felonies: What’s the Difference?
Misdemeanors are criminal offenses which are punishable by incarceration up to 364 days and possible fines of up to $1,000.00. Misdemeanor cases are usually heard by Magistrate Courts, Municipal Courts, or in Albuquerque, the Metropolitan Court. Misdemeanors can be petty, full, or traffic depending upon the particular offense. Examples of misdemeanor offenses are First Offense DWI, Possession of Less than an 1 oz. of Marijuana, Disorderly Conduct, Minor in Possession of Alcohol.
Incarceration for misdemeanors is served in the County Jail or Detention Center and/or a Community Corrections Program.
Felony offenses are considered much more serious. Felonies are divided by degrees. The following are possible sentences and fines for Non-Capital (Murder) Non-Homicide (Manslaughter etc.) Non-Sexual basic Felony Crimes (Robbery, Fraud, Assault, Contributing to the Delinquency of Minors etc.)
First Degree: Up to 18 years and fine of up to $15,000.00
Second Degree: Up to 9 years and fine of up to $10,000.00
Third Degree: Up to 3 years and fine of up to $5,000.00
Fourth Degree: Up to 18 months and fine of up to $5,000.00
Incarceration for felony offenses is served in a New Mexico Department of Corrections facility such as the Penitentiary of New Mexico at Santa Fe or if a Federal felony case, incarceration is generally served in a Federal prison.
Probation and/or Parole is generally an added portion of the sentence.
Please note: Certain criminal convictions such as Battery Against a Household Member (Domestic Violence) can result in a life-long loss of rights such as the right to possess firearms. Even Marijuana Possession can keep you from receiving Federal Financial Aid. Felonies can result in loss of voting rights. Crimes such as shoplifting are considered crimes of “moral turpitude” which can hinder employment.
Why Choose the Law Office of Jay R. Mueller?
We appreciate the fact that you can choose from a variety of attorneys to assist you. What makes the Law Office of Jay R. Mueller different from all the rest is our commitment to you.
Much of the value we create for our clients is non-quantifiable. That value is reflected in our clients continually referring their friends and family members to our office.
Your case is not simply another file or just a case number. We respect that you are a person and so are your loved ones.
Your case is important to us and will be treated with the highest degree of attention, energy, and legal skill.
In some cases, our clients are concerned with settlement vs. litigation. We make every effort to settle cases on terms that are satisfactory to our clients. We find negotiation is far superior to confrontation. This is often times the case whether in Family Law or DWI Defense.
Many times it's better for you, your lawyer, and the opposing attorney to resolve your issues rather than a judge.
Despite what the media portrays, the vast majority of all legal cases are settled without a trial.
We have found that prolonged courtroom battles and endless litigation quickly dwindle the resources originally intended for the client's family. We are committed to efficient case resolution which saves you money. Money that you can use for your children.
Sometimes negotiations fail. We are fully capable of litigating challenging cases, and this reputation helps us in obtaining fair out-of- court resolutions for our clients.
_________________________________________________
The Law Office of Jay R. Mueller has been serving clients all over New Mexico. We are committed to providing you with the best legal services possible.
Jay R. Mueller has been a practicing attorney since 2002 and founded his law firm in May 2006. Jay earned an undergraduate degree from New Mexico Highlands University in Spanish and a graduate degree from New Mexico Highlands University in Public Affairs/Political and Governmental Processes. Jay earned his law degree from UNM School of Law.
In your search for help, for yourself or a family member, call us now for a free consultation and case evaluation.
We Accept These Types of Cases:
- Child Custody Modification
- Child Support Modification
- Divorce
- Guardian Ad-Litem
- Non-Traditional Family Law
- Protective Orders
- Criminal Defense (Select Felonies and Most Misdemeanors)
- Domestic Violence
- DWI Defense
Law Office of Jay R. Mueller
6565 Americas Parkway NE
Suite 200
Albuquerque, New Mexico 87110
(505) 563-5614
Call Today and Schedule an Appointment
Call Today and Ask about Our "House Calls" program. Depending upon the circumstances often times we can meet outside the office and "after hours". Otherwise we are happy to meet for consultations in our conference rooms.
Call us today 505-563-5614 for a FREE 30 min. initial consultation!
The information contained in this Website is of a general nature and is provided for informational purposes only. It should not be construed as legal advice on any subject matter.
Transmission of information from this Website does not create an attorney-client relationship between you and The Law Office of Jay R. Mueller, nor is it intended to do so.
The transmission of the Website, in part or in whole, and/or any communication with the Law Office of Jay R. Mueller via Internet e-mail through this site does not constitute or create an attorney-client relationship between the law office and any recipients.
All materials contained herein including all information on this website is copyright protected. © 2012.
