Lowther | Walker’s highly experienced criminal defense lawyers have a proven background winning complex cases throughout New Mexico. We represent clients in drug defense, healthcare fraud, wire fraud, PPP loan fraud, and all other federal cases. Our casework in New Mexico has taken us across the state, from Albuquerque to Santa Fe and Rio Ranch, fighting for our clients’ rights and protecting their freedom from federal convictions.
Defend Your Freedom Backed By Decades in Federal Defense
When charged with a federal crime, you’ll likely face significant pressure from the authorities to discuss the case. Don’t speak with investigators about your case before you book a free call with Lowther | Walker. During the free consultation, you’ll talk to a seasoned federal defense attorney about your case options, rights, and next steps. Waiting another day gives prosecutors more time to build their case.
Start your free case review by contacting our offices today.
Attorneys for Cases Involving HHS, DEA, IRS, OIG, and FBI
No-obligation. Fully confidential.
Call Us Today: (404) 496-4052
Learning the process of criminal charges can help you understand the next phase in your case and determine how best to protect your rights as the case unfolds. The stages of a federal criminal case include:
At the initial stages of the case, the investigation will involve federal agencies, including DEA, FBI, and IRS, conducting lengthy investigations before the formal filing of charges. Federal agencies will conduct the following processes as they gather evidence:
Once prosecutors believe they have enough evidence in your case, they’ll file charges either under a criminal complaint or under an indictment by a grand jury. A grand jury indictment will require you to appear in court. A criminal complaint is a document prepared by the U.S. Attorney’s Office and presented to the Federal Magistrate Judge to determine whether there is probable cause that a federal crime was committed. The federal government has 30 days to present its case before a Grand Jury and enable the filing to proceed.
Following your indictment, federal agents will take you into custody to attend an initial hearing, during which the judge will inform you of the charges against you and ask whether you wish to enter a plea. During the initial hearing, the judge will also set bail terms. In felony cases, a judge may deny a bond if they consider you a flight risk. And so your federal criminal defense lawyer will advocate for you to help minimize restrictive bail terms during the initial hearing.
The preliminary hearing is to decide whether there’s enough evidence in your case to warrant a trial. Evidence presented during the preliminary hearing includes witness testimony, documentary evidence, and physical evidence. Your federal defense lawyer will have the chance to cross-examine witnesses and review evidence.
If the judge determines the evidence is sufficient to warrant a trial, the process moves to the discovery phase. During discovery, your defense lawyer will gain access to the evidence against you and will have the chance to analyze witness testimony from character witnesses, expert witnesses, and lay witnesses.
At this stage, you and your federal defense lawyer can negotiate a plea bargain with prosecutors. Your lawyer will determine the strength of the evidence against you when analyzing the potential merits of a plea bargain. Plea bargains can help reduce the potential fine or jail sentence in return for an admission of guilt.
Before the federal trial, your criminal defense attorney will file pre-trial motions challenging the legal aspect of the case. Pre-trial motions may include motions to suppress evidence, dismiss specific charges, and compel the prosecution to share further evidence.
At the trial stage of your New Mexico case, you’ll go before the judge and 12 jurors. The jury determines the facts of the case, while the judge determines the legal elements, including the potential admissibility of evidence. If you’re found guilty, the judge will review the sentencing guidelines, constitutional constraints, and judicial discretion to determine a sentence.
You have the right to appeal the sentence of the federal judge to ask the U.S. Court of Appeals to review the case for potential prosecutorial errors. Common grounds for appeals include illegally obtained evidence, evidence not disclosed to the defense, and juror misconduct. Appeals are decided upon by three Federal court judges who will have the final word in your case unless they return the case to the trial court.
Few firms throughout New Mexico can match Lowther | Walker for healthcare fraud defense experience. We successfully defended our client in the highest-value healthcare fraud case the DOJ has ever prosecuted and have a proven track record in billing fraud defense, drug diversion cases, and violations of the Anti-Kickback laws. Our broad knowledge of healthcare fraud law and its application is a crucial reason healthcare professionals across the U.S. turn to Lowther | Walker for questions about their cases.
As staunch advocates for business owners across New Mexico and throughout the United States, we understand the devastating impact of a fraud investigation. We’ll work with you to address and defend allegations of loan stacking, loan application fraud, and use of PPP funds for fraudulent purposes charges. Our experience in communications with the federal authorities has helped us win financial fraud cases across New Mexico.
With significant resources behind federal investigators leading drug trafficking and distribution investigations, the number of people charged has risen dramatically in recent years. If you’re facing federal drug charges in New Mexico, you can turn to Lowther | Walker, any time, 24/7, to access decades of experience in drug charge defense.
If you or your firm is under investigation for a white-collar crime, such as tax fraud, embezzlement, or bank fraud, you can turn to Lowther | Walker for a robust and aggressive defense. We’ll work with you and your team to place prosecutors on the back foot with our decades of litigation experience to protect your assets and your freedom. Our proven track record speaks to our knowledge and background in white-collar crime defense.
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Leading attorney for Lowther | Walker, Murdoch Walker, holds years of experience investigating federal crimes as part of a DEA task force. His vast knowledge of prosecutorial strategies helps inform Lowther | Walker’s responses to the investigations of the DEA and other federal agencies and gives clients a critical advantage in fighting federal charges.
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Clients throughout New Mexico turn to Lowther | Walker for the company’s exceptional results in the federal courts. Our defense attorneys successfully defended their client in the largest healthcare fraud the DOJ has ever prosecuted. Their extensive record of success includes defending wire fraud, bank fraud, money laundering, and embezzlement cases, and the company holds industry-wide recognition for its powerful advocacy of white-collar defendants.
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Our work defending clients throughout New Mexico means we’re the Land of Enchantment’s leading federal lawyers for local cases. We can represent you in the federal courthouses in Albuquerque, Roswell, Santa Fe, or Las Cruces. We’re also available around the clock to answer questions and help you navigate the complexities of your federal case, ensuring you’re always ready for the prosecution’s next move.
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Our free consultations ensure a proactive response to the authorities so that your case undergoes analysis by an experienced defense lawyer as soon as possible. During the consultation, you’ll speak directly with our federal lawyers about your charges, and we’ll immediately begin building a defense strategy in response. Our team is available 24/7 to book your free case consultation.
If you’re facing federal charges in New Mexico and prosecutors are closing in, call Lowther | Walker at (404) 496-4052 to fight back. Our defense lawyers are available 24/7 to respond to your urgent case questions.
No-obligation. Fully confidential.
Call Us Today: (404) 496-4052
Because New Mexico shares a border with Mexico and contains major interstate corridors (like I-10 and I-25), the DEA heavily monitors the region for large-scale drug trafficking. Federal drug charges rarely target simple possession; they target the manufacture, importation, and distribution of controlled substances across state or national borders. Federal drug convictions routinely carry severe mandatory minimum sentences (e.g., 5, 10, or 20 years to life), whereas state courts often have more leeway for diversion programs or probation.
Federal court operates under entirely different rules of evidence, criminal procedure, and sentencing guidelines than state courts. An attorney who primarily handles state-level DWIs or simple assaults will be out of their depth against federal prosecutors. You need a defense attorney who:
Understands the intricate Local Rules of the District of New Mexico.
Has established relationships with the U.S. Attorney’s Office in Albuquerque and Las Cruces.
Knows how to analyze complex financial data and medical billing codes for fraud defense.
Understands how to dismantle federal conspiracy and wiretap evidence in drug cases.
A conspiracy (under 18 U.S.C. § 1349 for healthcare fraud or 21 U.S.C. § 846 for drugs) is simply an agreement between two or more people to commit a federal crime. The reality of conspiracy charges: You do not have to successfully complete the crime to be convicted. If a prosecutor can prove you agreed to participate in a fraudulent billing scheme or a drug distribution network, and you or a co-conspirator took one “overt act” toward completing it, you can be penalized just as heavily as if the crime were fully executed.
Healthcare fraud is a priority for the Department of Justice, especially involving federal programs such as Medicare, Medicaid, and TRICARE. Common federal healthcare fraud charges include:
False Claims Act Violations: Billing for services not rendered, “upcoding” (billing for a more expensive service than provided), or unbundling services.
Anti-Kickback Statute Violations: Offering, paying, soliciting, or receiving remuneration to induce or reward patient referrals.
Unlawful Dispensing: Specifically targeting “pill mills,” this involves doctors or nurse practitioners prescribing highly addictive controlled substances (like Oxycodone) outside the usual course of professional practice and without a legitimate medical purpose.
Defrauding Turquoise Care (the name for New Mexico’s Medicaid Managed Care program, formerly known as Centennial Care) or the Indian Health Service (IHS) triggers both state and federal oversight.
These investigations are typically spearheaded by the federal Department of Health and Human Services Office of Inspector General (HHS-OIG) working jointly with the New Mexico Attorney General’s Medicaid Fraud Control Unit (MFCU). Because Turquoise Care relies heavily on federal funding, federal prosecutors often use the False Claims Act and the federal Anti-Kickback Statute to target New Mexico healthcare providers, clinics, and medical billing companies suspected of fraud.
