Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Stephen Aarons
1 Answer | Asked in Criminal Law and Domestic Violence for New Mexico on
Q: My gf was arrested for battery and domestic i didnt press charges how long will she be in county
Stephen Aarons
Stephen Aarons
answered on Sep 27, 2017

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... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: how can I get a copy of j&s
Stephen Aarons
Stephen Aarons
answered on Sep 27, 2017

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... View More

1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: If I was facing a charge and it got dismissed..then a month later charged with the same charge..what should I do?
Stephen Aarons
Stephen Aarons
answered on Sep 27, 2017

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... View More

1 Answer | Asked in DUI / DWI for New Mexico on
Q: The arresting officer did not read me my rights when I was arrested for DUI. Can I get my case dismissed?
Stephen Aarons
Stephen Aarons
answered on Sep 27, 2017

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... View More

1 Answer | Asked in DUI / DWI for New Mexico on
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

Stephen Aarons
Stephen Aarons
answered on Sep 27, 2017

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... View More

1 Answer | Asked in DUI / DWI for New Mexico on
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?

Stephen Aarons
Stephen Aarons
answered on Sep 27, 2017

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,... View 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.