Q: Was on probation a 4th degree felony after I finish my probation the charge was expunged.
Thee charge I was doing probation for was expunged. It was because I was covered under NM Statue30-31-27.1 cause of a drug overdose when a cop saw marijuana growing. I was charged jailed a search warrant was issued on my residence. What can I do about this?
A:
It sounds like your situation is complicated, but there are steps you can take to address it. If the charge was expunged under New Mexico's overdose immunity law, you may have protections related to how the original incident was handled. First, review all the documentation regarding your case, including the court order for expungement and the circumstances surrounding the search and charges. Understanding the full scope of what happened is important.
If you believe your rights were violated during the search or arrest, you may be able to pursue legal action. This could involve challenging the validity of the search warrant or arguing that the immunity provided under the statute should have applied more broadly to your case. Even if the charges were expunged, addressing potential rights violations might still be possible.
To move forward, you should consider consulting someone familiar with New Mexico’s laws on expungement and drug-related protections. They can help determine whether any additional steps can be taken to safeguard your record or challenge past actions that impacted you unfairly. It’s important to act promptly, as there may be time limits for taking certain actions.
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