Questions Answered by Stephen Aarons
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?
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 »
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?
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.
Q: How long do you have to serve do the code 31-21-15
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 »
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.
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.
Q: Can an anklet be ordered on someone that is awaiting trial for a 2nd DWI charge that has not yet been convicted?
Yes, as a condition of release, the judge can require a GPS monitor or a Sobrietor. Often after a month or two, the defense lawyer asks the judge to review the conditions and remove the anklet.
Q: Can someone else blowing over the legal limit in your interlock without your knowledge send you to jail
I am on probation and my boyfriend on 2 different occasions knowingly blew in my interlock after drinking.. Can I go to jail if he admits to do it and not myself in court..
Yes you could go to jail if the judge does not believe your boyfriend's testimony. If the judge thinks you were the one drinking, and your boyfriend is trying to cover for you, the judge can find that you violated the terms of probation and sentence you to incarceration for the balance of your... Read more »
Q: Can a Magistrate Judge be replaced by United States District judge
Would like to remove a magistrate Judge and request US District Judge in a hearing of release
You must proceed to the Release Hearing with the magistrate judge but, if you do not like the ruling of the court, you have a right to appeal to the district judge. On appeal to the district judge, you can present any evidence that bolsters your claim that you are not a danger to the community nor... Read more »
Q: My gf was arrested for battery and domestic i didnt press charges how long will she be in county
Despite what you see on TV, domestic violence victims do not "press charges" and you cannot "drop charges" either. The State of New Mexico filed the charges and the prosecutor is the one who proceeds further to trial, negotiates a plea agreement with the defendant, or dismisses the case. As the... Read more »
Q: how can I get a copy of j&s
The Judgment & Sentence is a public record and anyone is entitled to a copy at a nominal price of about 25-50 cents per page. The best way to obtain a copy is to go the the criminal court clerk where the J&S was issued. Before the clerks can print out a copy for you, they will need the name of the... Read more »
Q: If I was facing a charge and it got dismissed..then a month later charged with the same charge..what should I do?
You need to hire an attorney or, if you cannot afford one, apply for the services of a free attorney at the Law Office of the Public Defender. Often when a charge gets dismissed, it is dismissed "without prejudice" which means the prosecutor can refile it. This dismissal and refiling usually... Read more »
Q: The arresting officer did not read me my rights when I was arrested for DUI. Can I get my case dismissed?
No. Despite what you see on TV, the failure to read your Miranda rights at a DUI arrest will have no impact on your case. Routine questions during a traffic stop to establish identity such as name, address, and your drivers license, proof of insurance and registration will not require a Miranda... Read more »
Q: If the statute of limitations for misdemeanors in NM is 2 yrs and my DUI was in 2008 in Texas, would interlock apply?
Im already clear and eligible in TX. My case was resolved. No loose ends
If Texas does not require you to install an interlock, most likely New Mexico will not either when you apply for a license here. But do not confuse that with the statute of limitations. There was a loophole in the past where people did not get an interlock, drove illegally and sparingly for a few... Read more »
Q: If the driver takes a plea bargain in court to DWI 1st offense but has two prior DWI convictions
Will the driver have to keep the Interlock for 1 or 3 years?
A good question and one that reminds us that the driver arrested for DUI is facing a big and little shotgun barrel. The big barrel is the court system which could have subjected the driver to 364 days in jail for a DUI 3rd offense. Obviously taking a plea to DUI 1st offense is good for the driver,... Read more »
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