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Questions Answered by Marc Grano
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
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... Read 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
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...
Read more »

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
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.... Read 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
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
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... Read 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
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... Read 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
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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