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.
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 »
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 »
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 »
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
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 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 »
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 »
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.