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2 Answers | Asked in Criminal Law for New Mexico on
Q: My boyfriend was just arrested in new mexico on a Minnesota probation violation warrant. Can he serve the time in N.M?

We're waiting to see if be picked up extra charges in new mexico during the arrest. I would like to know either with or without new charges if he can serve the time in new mexico instead of being extradited. And/ or if he can do his probation in new mexico

Marc Grano
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Marc Grano
answered on Mar 7, 2021

As far as serving probation out of Minnesota in New Mexico? No.

Transferring supervision of probation to another state is is something that must be brought up with your Minnesota probation officer, if your boyfriend is placed back on probation. There are rules regarding supervision of...
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1 Answer | Asked in Criminal Law for New Mexico on
Q: If I completed my sentence and was granted a conditional discharge for a 4th degree felony, is my case dismissed?

Conviction date was 06/2015. I was sentenced to 1 year probation. I successfully completed probation in 06/2016. Does my attorney need to file for dismissal or is it automatically dismissed after 4 years?

Marc Grano
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Marc Grano
answered on Oct 23, 2020

There is usually an Order of Release on Conditional Discharge with is submitted by the probation officer and signed by the judge. That order closes the case and relieves the probation officer from continued supervision in the case. The record of adjudication will remain.

The only way to...
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1 Answer | Asked in Criminal Law for New Mexico on
Q: f i have absconded from arizona on a probation violation will i be extridited back even with the corona virus spreading

or can I handle it over the phone from here

Marc Grano
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Marc Grano
answered on Oct 19, 2020

The general rule is that when a warrant is issued it will be designated as extraditable or non-extraditable. When a non-extraditable warrant is issued, it generally means that if the individual is arrested in the state where it was issued, police will arrest him. However, if the person is found... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: What is the maximum penalty in NM for attempting to elude and failure to comply to probation orders?
Marc Grano
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Marc Grano
answered on Mar 20, 2020

You will need to sit down and talk with an attorney to review, assess and advise on any specific case. He/she would need to review the specifics of the plea agreement that placed the person on probation as well as the specifics of any new allegations. The attorney would also need to know the... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: Is there a statue of limitations on probation violations in New Mexico.

If someone violates their probation, and it's not caught until after the probation period is over can they court issue a warrant or is there a statue of limitation on that?

Marc Grano
PREMIUM
Marc Grano
answered on Mar 4, 2020

I would recommend that you talk directly to an attorney who can review and assess the specifics of the case. I will offer a very generic answer given the following assumed facts:

1. In New Mexico State court

2. The probationer is an adult

3. The probationary period...
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1 Answer | Asked in Criminal Law for New Mexico on
Q: I have a standing criminal pretrial order that was filed march 3 2017. And idk what it is or why

I didnt get into any trouble in 2017

I have a feeling that I'm getting railroaded

Marc Grano
PREMIUM
Marc Grano
answered on Jan 25, 2020

I do not believe there is a way to answer your question without actually reviewed your specific order. In general, a pretrial order establishes deadlines for discovery, motions, interviews (if in state court), plea deadlines and other deadlines in preparation for moving the case towards trial.... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: Is there a minimum mandatory sentence for aggravated fleeing in New Mexico
Marc Grano
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Marc Grano
answered on Jan 22, 2020

There is not a mandatory minimum sentence for Aggravated Fleeing in N.M. state court. It is a fourth degree felony punishable by a maximum of 18 months in custody and/or $5,000 fine.

1 Answer | Asked in Criminal Law for New Mexico on
Q: Can a person be charged 2nd offense if the 1st offense was over 10 years ago in New Mexico
Marc Grano
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Marc Grano
answered on Dec 1, 2019

I believe what you are asking is related to DWI charges? If that is correct then the answer to the general question is yes. Prior DWIs do not “expire” or become unusable after ten years. Assuming that the state can present proper evidence of the prior. There are also ways to collaterally... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: I was charged with 30-31-23 (a) & (e) for having 5 grams of meth in my car but the courts said it's a mistermeanr

I thought that charge was a 4 th degree felony?

Marc Grano
PREMIUM
Marc Grano
answered on Oct 17, 2019

Possession of a Controlled Substance (Meth), pursuant to NMSA 1978, Section 30-31-23 (A) and (E) is a fourth degree felony. A fourth degree felony is punishable by a maximum of eighteen months in prison and/or $5,000.00 fine. However, a person facing this charge MAY qualify for twelve month... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: Can i ask da what witness/victim said against me? If so do they have to answer truthfully?
Marc Grano
PREMIUM
Marc Grano
answered on Sep 10, 2019

In both District and Magistrate court, the defendant has a right to complete discovery which includes all statements. In addition, the defendant has a right to complete a witness interview of the state's witnesses prior to trial. Good luck.

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