Rothstein Donatelli LLP
All Attorneys »

Marc M. Lowry

Marc M. Lowry

Marc M. Lowry
Partner

505.243.1443

eMAIL

ALBUQUERQUE OFFICE
500 4th Street NW
Suite 400
Albuquerque, NM 87102
 

PRACTICE AREAS

Criminal Defense

Federal Criminal Defense

White Collar Criminal Defense

Post-Conviction Relief

Civil Rights

Appeals

After graduating from the University of New Mexico School of Law in 1999, Marc became a law clerk to the Honorable Richard C. Bosson, Chief Judge for the New Mexico Court of Appeals in Santa Fe, New Mexico.  As a law clerk for Judge Bosson, Marc was introduced to nearly every aspect of the practice of law, from criminal procedure and practice to contracts, employment and tax law.  After leaving the state court system, Marc joined the chambers of the Honorable James A. Parker, who was then the Chief Judge for the United States District Court for the District of New Mexico.  With Judge Parker, Marc honed his understanding of criminal and civil rights laws.  After gaining a deep familiarity with both the state and federal court systems, in 2003 Marc joined the Rothstein Law Firm as an associate.

Since joining the Rothstein Law Firm, Marc has worked on all kinds of criminal cases in both state and federal court.  He has represented clients who have been charged with violating minor local ordinances, such as having dogs that barked too loudly, as well as major federal felonies like international terrorism through attempting to destroy the Alaskan oil pipeline with high explosives. Given his undergraduate and graduate degrees in science and engineering, Marc possesses a comfort level with forensic and scientific topics that quite often emerge in criminal cases, a degree of familiarity that other attorneys do not ordinarily possess. Marc thoroughly enjoys preparing a robust defense on behalf of each and every one of his clients.

In one such case, the United States had charged Marc's client with shooting down the Bernalillo County Sheriff Department's helicopter. According to the prosecution's experts, his client owned a rifle that could have fired the bullet that hit the helicopter and his client was purportedly standing near the location where the shot was fired. After an intense evaluation of the ballistics and bullet trajectory by the defense experts, Marc was able to show conclusively that the rifle owned by his client did not fire the bullet that hit the helicopter and that his client was not standing anywhere near the location where the shot had been fired.  Once the ballistic results were shared with the prosecution team, the Court dismissed a five-count federal indictment alleging that the client had shot the helicopter in an attempt to cause the aircraft to crash and to harm the pilot and observer who were on board.

In another case, Marc's client was charged with aggravated battery with a deadly weapon. Before the prosecution presented the case to a New Mexico grand jury, Marc communicated to the prosecutor that his client had the right to present evidence to the grand jury, including evidence that the charges were not justified because the alleged victim was a known drug dealer who had fabricated the assault, and had also been known to pay witnesses to lie on the alleged victim's behalf. When the prosecutor resisted presenting the evidence, Marc filed a court case against the District Attorney's Office. At first the trial court ruled against the client, but Marc appealed that decision to the New Mexico Supreme Court. The Supreme Court ruled that the district attorney did have an obligation to present exculpatory evidence forwarded by the defense to the grand jury. According to the New Mexico Supreme Court, the prosecutor must present such evidence unless the prosecutor secures an order from the trial court allowing the State to withhold the evidence.

REPRESENTATIVE CASES

Jones v. Murdoch, 2009-NMSC-002, 145 N.M. 473, 200 P.3d 523 (successfully argued that the target of a grand jury investigation has the right to present exculpatory evidence to the grand jurors).

U.S. v. Velarde, 485 F.3d 553 (10th Cir. 2007)(successfully argued that the district court had erred by dismissing a motion to grant a new trial without holding an evidentiary hearing on the same).

U.S. v. Kerns, D.N.M. Cr. No. 05-1776 JC (2006) (unpublished)(successfully defended federal charges of shooting down a police helicopter and secured the dismissal of a five-count federal indictment)

EDUCATION

University of New Mexico (J.D., 1999)

  • Order of the Coif
  • Honors in Law School Clinic
  • Honors in Criminal Law

University of Virginia (M.S. Chemical Engineering, 1988)

Longwood College (B.S. Chemistry, 1984)

BAR ADMISSIONS

New Mexico State Bar (1999)

Federal District Court for New Mexico (2003)

U.S. Court of Appeals, Tenth Circuit. (2003)

MEMBERSHIPS AND AFFILIATIONS

State of New Mexico Rules of Evidence Committee

Albuquerque Bar Association

New Mexico Trial Lawyers Association

New Mexico Criminal Defense Lawyers Association

National Association of Criminal Defense Lawyers

civil rights, criminal defense, catastrophic injury, wrongful death, Indian law, civil & commerical litigation, family law Civil Rights Criminal Defense Catastrophic Injury Wrongful Death Indian Law Civil & Commercial Litigation Family Law