Friend obtained a 5th wheel through purchase 5,000$ some time after transaction became aware it was stolen is there a certain time limit where it would no longer be considered stolen property or be considered a criminal act to have possession of such?
It wasnt receiving stolen property when you bought it, but it became a crime sometime thereafter whenever you became aware. There may be a statute of limitations several years down the road. If you know the rightful owner, why not see if you can get some of your money back and return it.
Girlfriend is 9 years and 11 months older than boy. Can someone besides parents bring charges against her?
16 is the age of consent so she should be OK as to criminal sexual penetration. She could get charged with contributing to the delinquency of a minor if she gets him alcohol or drugs however.
No where on the warrant does it state the items to be searched for. They found bullets in the trailer and proceed outside to his truck and found a gun in it. The gun belonged to my other sister. They did not take him to jail and months later they sent him paperwork to reclaim the gun. Is this... Read more »
First, whether the search warrant was overly broad. Possibly. His federal public defender can best assess the application and warrant. Whether looking in the truck was even authorized by the warrant. Possible suppression issue, yes.
Second, whether a delay of less than one year between... Read more »
The short answer is "no." A deferred sentence is considered a conviction and under federal law you are barred for life from possessing firearms or ammunition. There is one loophole however. If you petition the New Mexico state district court for an expungement of your conviction, and the... Read more »
If the victim signs an afidavit of non prosecution does the person get released??
It depends on whether the attempt was residential or commercial burglary. Attempts lower the crime one degree so third degree residential burglary is of course a third degree felony carrying 0-36 months (3 years) in prison while attempted residential burglary is a fourth degree felony carrying 0-18... Read more »
And what should I do if I have proof of someone assaulting me, calling me racist names, and destruction of private property?
you can go to the court and petition for a protective order. If s/he does it after the restraining order is granted, the police will arrest on the spot.
very difficult to set aside a plea of guilty if it was knowing and voluntary.
No. Federal law bans possession of a firearm for life if convicted of a felony. There is a loophole however. The feds will not consider you a felon if you get your conviction expunged by the state. Depending on the name of the crime you were convicted of (sex offenders and those convicted of DUI or... Read more »
My plea agreement in Arizona provided that upon successful completion of probation my sex offender registration would be terminated. I completed probation and the Arizona Judge ordered termination accordingly. While on probation I moved to and work in New Mexico. New Mexico is refusing to terminate... Read more »
Each state is different. In New Mexico, sex offender registration is required for life regardless of what Arizona law. The only recourse is to move to a state where you do not have to register.
Can it still be forgery if no attempt to transfer any funds or cash the check?
Best answer is to destroy or return the check.
This is in reference to being able to legally own & possess a firearm.
The federal statute makes possession of a firearm or ammunition a lifetime ban until you petition the NM state district court for an expungement and the court grants your petition.
Walmart has a new service where in which you can scan items and pay by phone. He was also buying a few things for me. When the loss prevention officers approached me he fled because he is not a US citizen and is not willing to come forward and show how he had purchased his items in this way
You did not ask a question. You could plead not guilty, demand a trial and testify as to what happened. If you cannot afford an attorney the court will provide you one.
I have one case pending in Magistrate Court the judge instructed me on the case that has not yet been brought before her Court where do I stand that case is also assault with a deadly weapon but she instructed me to stay away from the place that has not yet been brought before her why is this and... Read more »
It is standard procedure for the judge to order the defendant to stay away from wherever this happened. That includes staying away from one's own home when there is an allegation of assault on a household member. Judge Sena probably let you out of jail before the file was prepared on Monday by... Read more »
I am charged with trafficking it is my first offense
You did not ask a question.
if you did an outburst in court
A no bond hold means he sits in jail without any ability to post a bond for his release.
I am not an expert in firearms law but my understanding is that you are banned for life under federal law because of your 4th degree felony conviction. Some states may allow it but you run the risk of federal prosecution if stopped by, for example, a federal park ranger.
Many crimes only require general intent. Planning ahead to commit a crime sounds like premeditation, carefully weighing the pros and cons, which is only required for first degree murder. Other crimes require a specific intent to do that crime but it does not require a plan or a scheme. Planning to... Read more »
But it was an accidental shooting is there anyway of helping this person receive a more lenient sentence?
Yes, hiring an experienced defense lawyer to take this to trial. First degree murder carries a minimum of 30 years with no good time, and even after 30 years very few convicted murderers ever get released on parole. By contrast, an accidental shooting with a firearm enhancement carries one to seven... Read more »
If so please offer me contact information in regards to offsetting the cost of a interlock in Santa fe NM.
Yes, both the NM Motor Vehicle Division MVD and state statutes upon conviction in Metro, Muni or Magistrate Court, require a Breath Analysis Ignition Interlock Device BAIID or Interlock for one year for first offenders, two years for second offenders. I am not aware of any reduction in fees, around... Read more »
It also involves fraud,human trafficing,child trafficing, and also the human trafficing is also gang related
Lawyers have mouths to feed, salaries to pay, rent to earn. The only pro bono attorneys are the public defender. Apply for one. Your case is very complex.
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