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New Mexico Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Mexico on
Q: Can I email a district court judge and ask him to please set a court date and quash a warrant.

Warrant issued because the attorney or his office never contacted me letting me know nothing I have proof I notified his office on numerous occasions with not so much as a phone call back

Maxwell Pines
Maxwell Pines
answered on Dec 21, 2024

Hello. I am sorry that you were neglected by your attorney. You deserve more communication and better service from a lawyer. The answer to your question certainly depends on the severity and seriousness of the charge in question. I have seen, for example, cases where the defendant would try to... View More

0 Answers | Asked in Criminal Law for New Mexico on
Q: My stepson is having problems getting in touch with the public defender that was assigned to his case. what do we do?

Stepson has tried to connect with his public defender several times with no success. His court date is coming up soon. We would like to know that he is going to have adequate representation for his case. What should we do in order to communicate with his lawyer. Do we have the option to request... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: false imprisonment and battery but was wrongly charged for it how would I go about fighting it
Maxwell Pines
Maxwell Pines
answered on Dec 21, 2024

False imprisonment in New Mexico is a serious crime because it is a felony. A case involving false imprisonment and battery often comes down to an analysis of how credible and consistent the alleged victim has been. The defendant will want to figure out if there are any defense witnesses available,... View More

0 Answers | Asked in Criminal Law for New Mexico on
Q: Say I picked up a charge for battery and lost imprisonment but there's no sufficient evidence of either

I was charged with false imprisonment and Battery and I did not do any of it I even have witnesses can I fight it and

0 Answers | Asked in Civil Rights, Criminal Law and Traffic Tickets for New Mexico on
Q: During a traffic stop, drugs were found on passenger, police report only lists driver. Potential charges for the driver?

I am a taxi driver. During a traffic stop I had recently gotten a citation, of which I have already taken care of. On that citation, there are two case numbers. Looking up the second case number, brang up an incident report containing my name only as other individuals involved, the only victim... View More

1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Probate for New Mexico on
Q: What is the process of adding an additional party to an upcoming trial? this is regarding a trust

I believe I need to motion for a JOINDER OF PARTIES this matter is regarding my fathers Trust where I am now Trustee but the previous Trustee has committed multiple breeches and has yet to be held accountable. How do I make sure he is included in this trial so that his actions are not lost?

Anthony M. Avery
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answered on Nov 21, 2024

You will need a NM attorney that handles trust litigation. The complaint/petition, whatever will need to be amended by adding a defendant and a cause of action for breach of fiduciary duty, etc. It will be alot of work and you will not be able to do this pro se as the successor trustee.

2 Answers | Asked in Criminal Law and International Law for New Mexico on
Q: 10yr charged w/unlawfully,now was charged with receiving and transferring a stolen motor. What's my aftermath

I'm a African American woman

Tim Akpinar
Tim Akpinar
answered on Oct 18, 2024

I do not practice criminal law, but your post came up under "International Law." Don't mess around with this on public forums inquiring about aftermaths. Seek the guidance of a criminal defense attorney without delay. You posted in the beginning of the week and we're now at a... View More

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2 Answers | Asked in Divorce, Bankruptcy, Criminal Law and Real Estate Law for New Mexico on
Q: If my husband had property before he went to prison, we are getting divorced now, is the property separate or community?
Timothy Denison
Timothy Denison
answered on Oct 1, 2024

It is likely separate property if acquired before marriage.

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1 Answer | Asked in Criminal Law, Employment Law and Constitutional Law for New Mexico on
Q: If used a diploma not knowing it was fake or acreitdale what can I do or what does that consist of?

Just found out my diploma is fake after 15 years the so called school I got it from no longer exgist I did this threw mail now I in fear of legal troubles

James L. Arrasmith
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answered on Sep 21, 2024

It can be very stressful to discover that a diploma you’ve relied on is not legitimate, especially after so many years. The first thing you should do is stay calm and gather as much information as possible about the situation. Find any documentation, correspondence, or other details you have... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for New Mexico on
Q: Should I be able to get a dismissal with everything this cop did in order to impound my car?

A cop turned his lights on behind me whil I was parked off the road with car trouble. He ran my plate,&my tags,insurance: said both were both suspended. I told him my tags were suspended but insurance was valid& active as I had gotten it four days prior. I had been on my way to get my... View More

James L. Arrasmith
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answered on Sep 11, 2024

Based on what you’ve described, there may be grounds to challenge the actions of the officer and the legality of the search and seizure of your vehicle. After issuing the citations, the officer generally shouldn't continue to question you unless there is reasonable suspicion of another... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: My daughter was arrested 31 days ago for a probation violation. How much longer will she be in jail?

What is the difference between a major violation and a technical violation. Is leaving the county a major or technical violation?

Nate Crowley
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answered on Aug 30, 2024

Technical violations are smaller things, like missing a meeting with the PO.

Leaving the county then coming back same day without permission is a technical violation in my opinion. Leaving the county then going to another country and not coming back for years would not be a technical...
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1 Answer | Asked in Constitutional Law and Criminal Law for New Mexico on
Q: pulled over for speeding, police impounded car to get search warrant after i refused search

officer claimed he smelt fentynal so he asked to search the car i said no, he claimed i said yes but i kept saying no. threatened me by stating he would call my husband probation officer if i refused to let him search car. car isnt mine. my husband and i just cashed our check that we needed to... View More

James L. Arrasmith
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answered on Jul 21, 2024

You have a few important steps to take right away. First, make sure to document everything that happened, including the officer’s threats, your refusal to consent to the search, and the fact that you didn't receive any paperwork. This documentation will be crucial for your defense and any... View More

1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: If I was put on probation and felony probation and I didn't check in and out ran it till it was at the end of my

Probation would I have to do the whole probation time or would it have to to be dropped

James L. Arrasmith
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answered on Jun 22, 2024

If you have concerns about your probation status, I would strongly advise speaking with your probation officer, a lawyer, or the court to understand your specific situation and options. Failing to comply with probation terms can have serious legal consequences. A qualified legal professional can... View More

1 Answer | Asked in Criminal Law and Constitutional Law for New Mexico on
Q: Can a judge stop you from representing yourself?

If your public defender knows the other personally are they still able to defend you or can i request for some one else?

James L. Arrasmith
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answered on Jun 17, 2024

A judge can stop you from representing yourself if they determine that you are not competent to do so. This decision is based on whether you understand the charges against you and can adequately defend yourself. The judge's primary concern is to ensure that you receive a fair trial.

If...
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1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for New Mexico on
Q: I recently went to see my boyfriend in prison, a they searched my car. & took pictures of my cashapp can they do that?

I got intergated after my visit, they threatened me a searched my car & took pictures of my bank accounts. The Correction officer said I was supposed to hand an inmate something because of my recent phone call of visiting the inmates family, before the visit this is my first time visiting my... View More

James L. Arrasmith
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answered on Jun 7, 2024

I'm sorry to hear about your experience. In general, correctional facilities have strict security protocols, and searches of vehicles and personal belongings can be part of these procedures, especially if they suspect contraband. However, taking pictures of your bank accounts and other... View More

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