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Questions Answered by D'nae L. Robinett Mills
1 Answer | Asked in Criminal Law for New Mexico on
Q: Hello, my husband was arrested yesterday for possession of a firearm by a felon. How much time is he looking at?

He's been out of trouble for over 5 years now & only fell asleep at a gas station to rest so he wouldn't endanger anyone else's life while driving

D'nae L. Robinett Mills
D'nae L. Robinett Mills
answered on Apr 10, 2023

The statute that covers the New Mexico state crime commonly called felon in possession is 30-7-16: firearms or destructive devices; receipt, transportation or possession by certain persons. That charge is a 3rd degree felony which carries a basic sentence of up to 3 years incarceration. There is a... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: What would most likely happen in court on a first time stolen vehicle charge in nm
D'nae L. Robinett Mills
D'nae L. Robinett Mills
answered on Apr 6, 2023

Every case is unique and requires thorough investigation and research. Typically, a stolen vehicle case is charged as either unlawful taking of a vehicle or motor vehicle (30-16D-1) or receiving or transferring stolen vehicles or motor vehicles (30-16D-4). Both charges are 4th degree felonies in... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for New Mexico on
Q: Can a different officer take over the stop of another officer,tell him to leave then arrest the person.

Shouldn't it be the initial officer that stops the individual who tickets and arrest that person. The initial officer pulled Person over for a head light being out. Other officer shows up and tells the initial officer to leave that he gots this.

D'nae L. Robinett Mills
D'nae L. Robinett Mills
answered on Apr 6, 2023

Typically, the stopping officer is the officer that issues a citation. However, there are circumstances where an officer can take over an investigation for reasons unrelated to the incident i.e. going off of shift or needed on another call. You should contact a lawyer to review your citation and... View More

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