Frequently Asked Questions
Do I need to hire an attorney for my divorce, or can I just use the court forms?
The court’s forms will get the job done. Plenty of uncontested dissolutions in New Mexico are filed that way. The problem is what the forms do not force you to decide. They leave gaps—property that is not clearly divided, debt that is not assigned, retirement that is ignored, and parenting language that is too thin to live with. Those gaps do not stay on the page. They show up later as fights over exchanges, decision-making, child support, and who pays what.
That risk is highest when the dissolution involves child custody. If you and the other parent already agree on a detailed parenting plan and there is little property to divide, the forms may be enough. If there are children, a house, a pension, or anything you cannot afford to relitigate in two years, hire counsel before you sign.
If I am charged with a crime, should I talk to the police before I hire a lawyer?
No. You have the right to remain silent and the right to counsel. Politely decline to answer questions and ask for a lawyer. Early statements—even ones that feel harmless—are used at preliminary hearings and trial. Call the office. If you cannot afford private counsel, ask the court to appoint the Public Defender. We take selected private criminal-defense matters; we do not routinely take criminal cases on a pro bono basis because the Public Defender exists for that work.
How much does it cost to hire Bowers Law Firm?
We require a retainer to be paid in full up front before the work begins, except in contingency fee cases. The retainer price varies for each case and area of practice. All clients must sign a Representation Agreement outlining the scope of representation, the hourly rate, and the retainer amount.
We also reserve a limited number of pro bono and reduced-fee matters for folks who cannot pay full rate. A request for free or reduced-fee help is not representation until you have a signed engagement letter. The Bowers Law Firm does not represent you until there is a signed representation agreement.
If I am pulled over for DWI, do I have to take a breathalyzer or perform field sobriety tests?
The Public Defender’s office does hard, necessary work. Many of those lawyers are excellent. The limit is volume. A public defender often carries a caseload in the hundreds and cannot give every file the time it needs.
A private attorney is hired for one client’s case. That difference shows up in how quickly calls are returned, how thoroughly the evidence is reviewed, and how much time is spent on investigation, motions, and getting ready for trial or a better resolution.
At Bowers Law Firm that gap is by design. We cap the practice at about fifty clients so the files we take get real attention—not whatever hour is left after the two-hundredth arraignment. If you qualify for appointed counsel and that is the right fit, use it. If you want a smaller caseload and a lawyer who has room to focus on your case, give us a call.
Should I have a will and powers of attorney?
No. No breath alcohol content (BrAC) means the prosecutor has to prove impairment through the officer’s observations, video, and testimony instead of a machine reading. That is often a weaker case.
Standardized field sobriety tests (walk-and-turn, one-leg stand, HGN) may also be respectfully declined.
If pulled over, be respectful. Do not be combative. Do not resist. Follow grandma’s golden rule—”If you don’t have anything nice to say, hush.” Remain calm. Keep your hands visible, and provide license, registration, and insurance. Do not offer statements regarding whether or not you had anything to drink.
You may say, “I respectfully decline field sobriety tests. I do not consent to a breath or blood test. I want a lawyer.” Then stop talking and call an attorney as soon as you can.
If arrested, afterwards you should be given a notice of revocation of your driver’s license, allowing you ten days to request an administrative hearing or the revocation goes into effect on its own—separate from the criminal case.
Why hire a private attorney instead of the Public Defender?
Yes. A will says who inherits, who handles the estate, and who you want to raise your children. Without one, New Mexico’s intestacy statutes decide that for you. A financial power of attorney lets someone you trust pay bills and manage property if you cannot. A healthcare power of attorney and living will let someone speak to doctors and state your wishes. Skip those papers and the family is often left in district court—probate, guardianship, or conservatorship—while decisions sit.