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Founding Member National College for DUI Defense

The NCDD, Summer Programs at Harvard Law School, was created in 1995. That year, David was the only New Mexico attorney (and one of only 60 nationwide) to be accepted.

Please read our criminal law articles.

For more information about criminal law, please visit New Mexico's Premier Criminal Defense Web Site sponsored by the Law Offices of David C. Serna: www.sernalaw.com

When a defendant's right to counsel attaches

A defendant's right to counsel under the Sixth Amendment and the Fourteenth Amendment to the United States Constitution attaches to any point in the criminal process in which the substantial rights of the defendant may be affected or to any critical stage in the proceedings. In addition, some states have enacted statutes that provide that a criminal defendant has a right to counsel in any adversarial judicial proceeding. More.

Prosecutors, Immunity and Conflicts of Interests

The prosecutor has immunity from civil liability for actions undertaken during their official duties. The prosecutor enjoys both absolute and qualified immunity. The prosecutor has absolute immunity in initiating a prosecution and in presenting the State's case, so long as the prosecutor's actions are done in conformity with the judicial process. More.

Counterfeiting Trademark Violations

Counterfeiting trademarked goods is a growing problem in the United States. Counterfeiting of trademarked goods constitutes a felony offense. The offense involves the secret manufacture and distribution of imitation items. The counterfeited items consist of imitations of well-known products such as Louis Vuitton, Gucci, Ralph Lauren, and Coach. Both the Trademark Counterfeiting Act of 1984 and the Anticounterfeiting Consumer Protection Act of 1996 address the issues of counterfeiting of trademarked goods. More.

Prosecutions for State Insurance Fraud

Most states have statutes governing the issue of insurance fraud. One may be charged with insurance fraud if: The individual prepared or presented a false or fraudulent written statement; the individual aided, solicited, or conspired in presenting a fraudulent written statement; the individual had the specific intent to defraud the insurer. More.

Obscenity Offenses Involving Minors

Because obscene material is not protected by the First Amendment to the United States Constitution, states have a right to regulate the distribution of obscene material. Where the distribution of the material involves a minor, states have a further right to define the type of material that is obscene or harmful to the minor. More.