Under New Mexico law, if you plead guilty to your charge or are found guilty after trial and ultimately receive a suspended sentence, the judge will impose a sentence but suspend its execution in whole or in part.

If a suspended sentence is successfully completed, all obligations to the court and state are discharged. However, the conviction remains on your record until you are able to expunge the charge (if eligible). This means that during background checks for employment, for example, the charge for which you received a suspended sentence will appear as a conviction.

Receiving a suspended sentence instead of a deferred sentence may also affect the restoration of certain rights. Additionally, your eligibility for expungement may be delayed depending on the circumstances.

Under New Mexico law, a deferred sentence requires either an admission of guilt through a guilty plea or a finding of guilt by the judge or jury at the conclusion of the trial. However, with a deferred sentence, the judge does not impose a sentence immediately. Instead, the judge delays sentencing for a certain period, during which you must complete specific requirements, such as supervised probation.

If you violate a condition of your deferred sentence, the judge reserves the right to impose a sentence. However, if you successfully complete a deferred sentence, you are not technically convicted of the crime—except for sentencing enhancement considerations in future cases. Upon successful completion, a judge will grant your attorney’s motion for dismissal.

As a result, during background checks for employment, your charge will appear as a dismissal rather than a conviction. Additionally, receiving a deferred sentence allows for a faster timeline for restoring lost rights and becoming eligible for expungement (if applicable).

Under New Mexico law, you are allowed only one opportunity for a conditional discharge in your lifetime. A conditional discharge is a privilege, not a right. Whether you are granted a conditional discharge on your felony charge(s) depends on several factors, including how your attorney handles your case, the nature of the charges, the circumstances of the case, and the judge’s discretion.

If you are granted a conditional discharge, the court does not enter an adjudication of guilt. This means that a conditional discharge is not considered a felony conviction. Upon successfully completing the conditional period, you can truthfully state that you have never been convicted of a felony in most circumstances.

Furthermore, if you receive a conditional discharge at sentencing, your lost rights will be restored upon successful completion of the sentence. You will also not be required to pay any mandatory court costs and fees associated with your case. Even better, if you successfully complete a conditional discharge on your felony case, you may be eligible for expungement just one year after completing your sentence.

Many clients contact our office under the mistaken belief that prosecutors are required, either by law or by office policy, to extend three plea offers in every criminal case. This misconception is often fueled by non-attorney advice, online misinformation, or stories passed between defendants in jail or court waiting rooms. However, this belief is patently incorrect.

In New Mexico, a plea offer is a privilege, not a right. There is no statute, rule, or constitutional provision that requires a prosecutor to extend any plea offer—let alone three. The State has full discretion to decide whether to negotiate a resolution or to proceed directly to trial. In fact, a prosecutor could theoretically decline to extend even a single plea offer and take the case to trial from the outset.

While plea negotiations are a common and practical part of the criminal justice process, they exist as a matter of prosecutorial discretion and strategy, not obligation. Defendants should therefore never assume that plea discussions are guaranteed, automatic, or subject to a fixed number of offers.

At Mitchell Law Offices, we make it a point to clarify these misconceptions early in representation. Our role is to aggressively negotiate when possible—but also to prepare for trial from day one, ensuring that our clients’ rights are protected no matter what approach the prosecution takes.