Las Cruces, NM asked in Constitutional Law, Civil Rights and Criminal Law for New Mexico

Q: Completed a 3 year sentence in doc and just won my appeal in new Mexico court of appeals what actions can I take

I was found guilty by a jury I was sentenced to 5 1\2 years ..18 months for a 4th plus they gave me the 4 year obitual offender .. Court of appeals recently reversed my conviction

1 Lawyer Answer
Marshall Jason Ray
Marshall Jason Ray
Answered
  • Criminal Law Lawyer
  • Albuquerque, NM
  • Licensed in New Mexico

A: You should consult with an attorney. What options you have will depend on many facts, which you have not provided here. For example, you may be contemplating bringing a civil rights lawsuit. You do not automatically have a case just because your conviction was overturned after you served some amount of time. Whether you have a civil rights lawsuit will depend on whether there were individuals, such as law enforcement officials, who violated your rights by acting in a manner that they knew or should have known was illegal. The reversal of a conviction on appeal does not necessarily mean that your civil rights were violated. A local attorney will help you evaluate your options.

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