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Questions Answered by Stephen Aarons
1 Answer | Asked in Criminal Law and Civil Rights for New Mexico on
Q: My public defender isnt doing anything she hasnt even called me and she lied to the judge

I am charged with trafficking it is my first offense

Stephen Aarons
Stephen Aarons answered on Nov 24, 2020

You did not ask a question.

1 Answer | Asked in Criminal Law and Domestic Violence for New Mexico on
Q: what does a no hold bond mean?

if you did an outburst in court

Stephen Aarons
Stephen Aarons answered on Nov 14, 2020

A no bond hold means he sits in jail without any ability to post a bond for his release.

1 Answer | Asked in Criminal Law for New Mexico on
Q: Yes i am a 4 th felon it been almost 11 years i have not had any other convictions can i get my gun rights back
Stephen Aarons
Stephen Aarons answered on Nov 9, 2020

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.

1 Answer | Asked in Criminal Law for New Mexico on
Q: is scheming or planning essential elements of criminal intent in new mexico?
Stephen Aarons
Stephen Aarons answered on Oct 19, 2020

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 »

1 Answer | Asked in Criminal Law and Wrongful Death for New Mexico on
Q: Firstdegreemurder (wilful& deliberate) 30-2-1(A)(1)FC and.30-31-23(A)&(F) possession of a controlled substance F4

But it was an accidental shooting is there anyway of helping this person receive a more lenient sentence?

Stephen Aarons
Stephen Aarons answered on Oct 19, 2020

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 »

1 Answer | Asked in DUI / DWI for New Mexico on
Q: Post dwi I am told I need to have an iid for a year. True or false and does Santa fe have any indigent help?

If so please offer me contact information in regards to offsetting the cost of a interlock in Santa fe NM.

Stephen Aarons
Stephen Aarons answered on Oct 11, 2020

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 »

1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for Texas on
Q: Do you guys do criminal cases pro bono

It also involves fraud,human trafficing,child trafficing, and also the human trafficing is also gang related

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

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.

1 Answer | Asked in Criminal Law for New Mexico on
Q: magistrate case file is destroyed (transcript) before district court case has started can district case be dismissed
Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

You need to ask your criminal defense attorney. If the case was indicted by grand jury, in all likelihood the destruction of the electronic file in magistrate court is harmless. If there was a preliminary hearing, there is a good chance they will have to do another one if the recording of the first... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: my son is on probation for 4 public affrays and has two new charges they arrested him for plus a violation how do i get

him out of jail at the arraignment ?

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

Hire a lawyer? The judge is probably tired of seeing your son again and again.

1 Answer | Asked in Criminal Law for New Mexico on
Q: My kid was accused of taking a sign out of someone else's yard and they grabbed them and kept them waited for the cops

My child whose 14 in my other child whose 13 was accused of pulling a sign out of a yard and the owners grabbed him and held them until the cops came

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

What is your question? He will probably go with you the the Juvenile Probation Office for an assessment. They are not your adversaries but just trying to get a handle on family stability, school attendance and grades, drug use. If neither of your sons has a juvenile record, I would guess they will... Read more »

1 Answer | Asked in Criminal Law and Libel & Slander for New Mexico on
Q: I was a accused of as sex offender and I never knew I was registered without my knowledge Or told .

I was found not guilty by jury. In the past five years I believe. I've probably gone through numerous background checks I don't know why I didn't get the jobs and for some reason today 9/15/20 I ran a sex offender check and my address the name is a little different but same family .... Read more »

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

You can get your record expunged from the district court in the county where this happened.

1 Answer | Asked in Criminal Law for New Mexico on
Q: I am from New Mexico, my father an I got into a altercation an he pressed charges on me but I have never been in trouble

As a juvenile or a adult till now . What would be the consequences?

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

you will likely get no jail time unless there were injuries. You will need to complete an assessment and anger management or domestic violence prevention classes.

1 Answer | Asked in Criminal Law for New Mexico on
Q: What information is required on a New Mexico criminal complaint?

I have been charged with failure to report a change in living arrangements under SORNA in Luna County, NM. The criminal complaint has no information regarding the event that triggered the charge. It only states the requirement to report. I have no clue what change I allegedly did not report and no... Read more »

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

The complaint is often barebones but there will be an affidavit in support of arrest warrant and police reports and your attorney can request all discovery and interview the prosecution witnesses. Absolutely you have the right to get all of the documents and read them.

1 Answer | Asked in Criminal Law for New Mexico on
Q: My boyfriend is on probation. The cops came and raided his father's house. They found a gun inside my jeep.

I told the police it was my gun. So not in his possession or inside his home. They charged him with felon in possession of firearm. Is there anything I can do so that charge doesnt stick? It was in my vehicle. Not in his.

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

(1) Hire a lawyer for your bf or apply for a public defender if he cannot afford a private lawyer

(2) Get an email or letter from you to his new lawyer explaining that the gun was yours. Give the lawyer copies of the title and registration and insurance of the Jeep to you, not him. Also get...
Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: How hard is it to fire a court appointed federal public defender?

My boyfriend and I feel that his current attorney does not have my boyfriend's best interest at heart. He doesn't seem very engaged in the case and was even agreeing somewhat with the procecuter during arraignment. He also doesn't seem to any strategy for the case so far. Would it be... Read more »

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

Our Federal Public Defenders and Criminal Justice Act (CJA) attorneys are among the best in the business, under-appreciated and overworked by qvery good, Wolfe. Usually when a defendant or his friends/family want a new lawyer, the problem is not the lawyer but the client having unreasonable... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: 15 Year old case

I was arrested 15 years ago. Las Vegas, Felon in Possession of a Firearm. I was bonded out. I absconded before my arraignment. Ive been pulled over in the state where I live and told I have an outstanding warrant in NV but they declined extradition. My mothers dying and I want to go home. When I... Read more »

Stephen Aarons
Stephen Aarons answered on Aug 16, 2020

The statute of limitation has not changed but, unfortunately, when you fled the jurisdiction you tolled the statute. Depending on how many prior felonies your attorney may be able to avoid imprisonment when you decide to face the charges. Or you can wait to be stopped on a traffic violation and get... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: My friend is facing 10yrs Mandatory Miminum for conspiracy to traffic meth.What price range for a lawyer?

He has never been in trouble before. He is devastated. Court date is in 2-2019. I read that 9 out of 10 get prison sentences in federal court. Is this true and how much time would he actually serve out of those 10yrs? Can you give me a more or less price range that a lawyer would charge?

Stephen Aarons
Stephen Aarons answered on Nov 7, 2018

Your husband should qualify for the safety valve so the ten year mandatory minimum is waived. Depending on the amount of methamphetamine seized, the sentence guideline may be 5-6 years and serve 85%. A private lawyer may charge $25k but the federal public defenders do not charge a fee and are... Read more »

2 Answers | Asked in Federal Crimes for New Mexico on
Q: Can a person in the state of new mexico be charge with the same crime for federal and state? Meaning double jeopardy

My boyfriend is being charge with federal and state on a gun charge but he is a felon and the gun wasn't found on him cops found a gun on the roof but never saw him with a gun nor or attempt to toss the gun. So my other question is how can they charge him with a gun if they never saw him with it?

Stephen Aarons
Stephen Aarons answered on Oct 6, 2018

Sadly federal and state prosecutors may both charge without violating the Double Jeopardy Clause and they can charge without catching your husband in possession. It is reasonable to infer that the firearm did not fly onto your roof by itself.

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1 Answer | Asked in Criminal Law for New Mexico on
Q: How long do you have to serve do the code 31-21-15
Stephen Aarons
Stephen Aarons answered on Sep 27, 2017

NMSA 31-21-15 deals with probation violations. If the judge finds by clear and convincing evidence that the probationer did violate the terms of his probation, the judge may decide not to impose additional time and release the defendant on time served. If the violation is serious, the judge may... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: I was subpoenaed to testify against my boyfriend in his probation revocation.

Can I use the 5th amendment to be cleared from having to testify? We have been together for 5 years and have a child together.

Stephen Aarons
Stephen Aarons answered on Sep 27, 2017

No, the 5th AMendment only allows you to remain silent if your answer could cause you to be prosecuted. Because you were not married at the time, there is not spousal privilege. You must appear for the subpoena and testify truthfully.

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