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 »
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 »
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 »
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 »
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 »
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.
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.
(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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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.
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 »
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 »
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