November 17, 2020
Susan Burgess-Farrell, through skilled cross examination of the CYFD witnesses, and coordination of our witnesses, won the day yesterday for one of our parent clients.
CYFD ordered to return children to mother's care immediately! These Children Court adjudications are almost impossible to win - unless you have GREAT legal counsel !!!
November 12, 2020
Following a two week murder trial in federal court, our client remains un-convicted. Great victory... and now the U.S. Attorneys want to talk plea agreement. It will have to be a sweet deal!
November 12, 2020
Elated for client. Four years after his jury trial... our argument that client could not be found guilty for Aggravated Fleeing of a Law Enforcement Officer if the officer was in an unmarked vehicle won the day! Conviction vacated by New Mexico Supreme Court today! Kudos also to Allison Jaramillo of the NM Public Defender's Office - Appeals Division!!!
DISPOSITIONAL ORDER OF REVERSAL
{6} NOW, THEREFORE, IT IS ORDERED that the decision of the Court of Appeals is reversed and this matter is remanded to vacate Petitioner’s conviction under NMSA 1978, Section 30-22-1.1 (2003).
December 08, 2018
Another success getting a Burgess and Porter client off of life-time parole and GPS monitoring. Congrats to our client!
October 03, 2018
Ms. Burgess-Farrell recently convinced the District Court in Chavez County to grant our client a new trial based upon the ineffective assistance of his prior trial counsel. This means an innocent man will finally get the fair trial he should have received in the first place.
Congratulations!
September 26, 2018
Good news for 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.
July 28, 2017
Following the successful suppression of our client's statement and exclusion demand for the bulk of the evidence, all murder charges against a Burgess & Porter client were dismissed in a plea agreement yesterday. Client to be sentenced to a juvenile facility for treatment and rehabilitation for a maximum of 18 months. Hard legal work pays off for another client!
June 13, 2017
Barry Porter provided NARSOL national advocates an update on constitutional challenges throughout the country.
June 13, 2017
Susan Burgess-Farrell successfully got client's case dismissed after arguing that evidence was obtained in violation of client's constitutional rights. Happy client and case dismissed in Sandoval County District Court.
May 03, 2017
Susan Burgess-Farrell Secures Dismissal in Armed Robbery Case. Client looking at going to prison for 16 years. Based upon Ms. Burgess-Farrell hard work and investigation, case dismissed for good. Another very happy client.
April 11, 2017
April 5, 2017, Susan Burgess Farrell successfully convinced domestic violence court to dismiss restraining order against a Burgess and Porter client. No more looking over your shoulder!
April 11, 2017
See link below for Barry Porter speaking on Policing Body Cameras April 6, 2017, for the National Association of Criminal Defense Lawyers.
http://www.ustream.tv/recorded/101857678?utm_campaign=ustre.am&utm_source=ustre.am/:6TnPM&utm_medium=social&utm_content=20170407125315
December 12, 2016
By challenging the chain of custody of drugs purportedly possessed by our client, we were able to convince judge that drugs should not be admitted. First Degree Drug Trafficking charged then dismissed by the court... before we ever even got to the jury.
May 12, 2016
Two big wins for Susan Burgess Farrell this month. She was able to convince a District Court judge to dismiss sexual assault charges against a mentally challenged client of BP Law. No conviction and no registration!
In a juvenile matter, all sexual offense charges dismissed for young client. Client's record will be completely erased in a year, and no possibility for sex offender registration!
Keeping a client's records clean of sexual offense charges and particularly offenses involving sex offender registration is a number one priority at Burgess Porter Law.
March 26, 2016
WOW - February and March 2016 have been two terrific months for BP Law clients.
Trafficking charged 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!
February 11, 2016
After work-up, investigation, and interviewing officers, Susan Burgess-Farrell got the Metro Court to dismiss bogus charges of stalking against a BPLaw client. Congrats!
February 05, 2016
Client facing several years in federal prison is now out of federal custody and his case is dismissed due to intense investigation, legal research, and a Motion to Suppress establishing that Albuquerque Police violated client's constitutional rights.
25 page motion outlined all of the illegal conduct by the police in stopping client, detaining client, and then impounding his vehicle.
July 31, 2015
GREAT RADIO SHOW IN NEW MEXICO; YOU GOTTA LISTEN!
Everyone is invited to listen to the interview of Barry Porter and Sheila Lewis, attorneys from New Mexico, as they discuss reentry barriers and collateral consequences facing those with felony convictions. The show was aired today on public radio in Santa Fe and is available online at
http://www.santaferadiocafe.org/uncategorized/2015/07/29/sheila-lewis-and-barry-porter/.
The hour-long show covers many topics with an emphasis on:
· barriers to reentry;
· lack of housing/employment opportunities;
· excessive sentencing; and
· the need to enact legislation that would expunge some arrest records.
Both attorneys discuss Sex Offender Registration in detail and the need to move away from the “one size fits all approach” that is used in New Mexico and most other states. Mr. Porter attended the RSOL national conference and mentioned some of what he learned regarding practices in other states.
June 09, 2015
Defense counsel moved for dismissal of DWI when court provided him notice of his trial date just six days before the trial The notice was inadequate under Metro Court Rules 7-506 and 7-205. The trial court denied the Motion to Dismiss for violation of the six month rule as stated in Rule 7-506 and the defendant was convicted of the DWI. The New Mexico Court of Appeals reversed and dismissed. Certiorari granted so we are still waiting on the final word for this issue.
June 09, 2015
The New Mexico Court of Appeals recently affirmed the trial court's dismissal of Mr. Lujan's case because the state took 19 months before getting his case to trial. The state actually dismissed the initial filing of the case when they failed to adequately notice polygraph evidence... The court found the dismissal without prejudice did not stop the speedy trial clock. Dismissed with prejudice!