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New Mexico Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law and Domestic Violence for New Mexico on
Q: My brother has been held on a pretrial detention hold for 5 months now. His trial is set for June 1st, with 3 other

trials set before his the same day. Most likely his trial with be pushed back, who knows how long. He’s had two pretrial detention hearings. The first was about 2 weeks after arrested with a public defender, the DA said he was a flight risk & threat to the community & the pd didn’t... Read more »

0 Answers | Asked in Criminal Law for New Mexico on
Q: Can a person be charged with the exact same charge twice on one case?

The accused is charged with the following criminal charges on one case, all resulting from an incident that happened on a single day; aggravated burglary (armed after entering), aggravated assault (deadly weapon), aggravated burglary (battery on household member), aggravated battery on a household... Read more »

0 Answers | Asked in Criminal Law and Domestic Violence for New Mexico on
Q: A witness in a criminal case against a friend is on probation and has now violated that probation.

Will they be arrested for violating probation if they show up to testify as a witness in the friend’s jury trial? Or is there a way to insure that they won’t be arrested right then? This person is a key witness for the defense but because of the probation violation, he has refused to accept the... Read more »

0 Answers | Asked in Criminal Law for New Mexico on
Q: my car was searched by police in july 2019 after searching my car no charges were filed its now feb 2023 charges filed

allegeng i was in posseson of 42 grams of meth and charged with traffiicing with intent now i know this is not a true alligation because i have not been touched any kind of drugs since jan 19 2019 and meth was not one of them.. I DONT EVEN DRINK ....I own and operate a large pipeline construction... Read more »

0 Answers | Asked in Cannabis & Marijuana Law, Civil Rights, Constitutional Law and Criminal Law for New Mexico on
Q: If someone is having a overdose in New Mexico can they still be charged with a 4th degree felony if police saw Marijuana

Charged sent to jail public defender said he could not use the overdose prevention limited immunity. A search was conducted on home. Brother was also charged but his charge was dismissed. He used the overdose statue.

1 Answer | Asked in Criminal Law for New Mexico on
Q: Hello, my husband was arrested yesterday for possession of a firearm by a felon. How much time is he looking at?

He's been out of trouble for over 5 years now & only fell asleep at a gas station to rest so he wouldn't endanger anyone else's life while driving

D'nae L. Robinett
D'nae L. Robinett
answered on Apr 10, 2023

The statute that covers the New Mexico state crime commonly called felon in possession is 30-7-16: firearms or destructive devices; receipt, transportation or possession by certain persons. That charge is a 3rd degree felony which carries a basic sentence of up to 3 years incarceration. There is a... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for New Mexico on
Q: Can a different officer take over the stop of another officer,tell him to leave then arrest the person.

Shouldn't it be the initial officer that stops the individual who tickets and arrest that person. The initial officer pulled Person over for a head light being out. Other officer shows up and tells the initial officer to leave that he gots this.

D'nae L. Robinett
D'nae L. Robinett
answered on Apr 6, 2023

Typically, the stopping officer is the officer that issues a citation. However, there are circumstances where an officer can take over an investigation for reasons unrelated to the incident i.e. going off of shift or needed on another call. You should contact a lawyer to review your citation and... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: What would most likely happen in court on a first time stolen vehicle charge in nm
D'nae L. Robinett
D'nae L. Robinett
answered on Apr 6, 2023

Every case is unique and requires thorough investigation and research. Typically, a stolen vehicle case is charged as either unlawful taking of a vehicle or motor vehicle (30-16D-1) or receiving or transferring stolen vehicles or motor vehicles (30-16D-4). Both charges are 4th degree felonies in... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for New Mexico on
Q: I need a lawyer and I am broke

Who wants to help me Sue the mental hospital that allowed one of their employees to beat me pro bono

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 10, 2022

I cannot help you as I am only licensed in California, but a lot of attorneys take cases on a contingency fee basis, which means that you only pay legal fees when you win.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New Mexico on
Q: Can a 2nd degree murder conviction risk becoming a 1st degree conviction upon appeal?
Charles William Michaels
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Charles William Michaels
answered on Aug 10, 2022

Ordinarily, no. The conviction is the conviction. Perhaps, if the result on appeal is a vacating of the conviction, then maybe you are at square one--but the double jeopardy clause can perhaps be applied in that scenario.

1 Answer | Asked in Criminal Law, Family Law and Federal Crimes for New Mexico on
Q: If a man's wife stabbed him and he didn't want press charges but state did will she go to prison

She was on probation for same thing when this happened

Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

A person may choose not to cooperate with a case once a person is charged with a crime. However, a husband not wanting to press charges doesn't necessarily mean the case goes away. The prosecutor may have enough evidence to proceed without the husband's cooperation. Whether she goes to... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: If one has not had any felonies in over 15 years can one possess a fire arm

All charges was non violent including domestic violence

Stephen Aarons
Stephen Aarons
answered on Mar 26, 2021

Good and bad news. The bad: federal law makes it illegal for your lifetime to possess a firearm or ammunition with penalties ranging from 5-10 years in prison. Lifetime ban.

Good news: New Mexico enacted an expungement statute last year and you should be eligible if you have had no criminal...
Read more »

2 Answers | Asked in Criminal Law and Probate for New Mexico on
Q: I am on Felony probation, is association with a Felon a charge or just a violation in the state of New Mexico

I've been dating this felon prior to becoming a felon myself

Stephen Aarons
Stephen Aarons
answered on Mar 23, 2021

Associating with a felon is not a crime, but it is probably a condition of your probation that you not associate with a felon. It is possible that you could talk your probation officer into allowing the association. Or hope s/he never finds out and types up a probation violation.

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1 Answer | Asked in Criminal Law for New Mexico on
Q: I’m David’s youngest son. I desperately want him home as I’m without anyone at all none nobody. What are his odds ?

Consecutive life’s I feel like they will not let him but I’m willing to write parole when he is up to be tabled again

Stephen Aarons
Stephen Aarons
answered on Mar 8, 2021

Sadly, his odds are close to zero. Family are the people who suffer the most when someone is convicted and sent to jail. Right or wrong, the court system does not release inmates, certainly not those servicing consecutive life sentences, because their families have serious needs. You need to adjust... Read more »

2 Answers | Asked in Criminal Law for New Mexico on
Q: My boyfriend was just arrested in new mexico on a Minnesota probation violation warrant. Can he serve the time in N.M?

We're waiting to see if be picked up extra charges in new mexico during the arrest. I would like to know either with or without new charges if he can serve the time in new mexico instead of being extradited. And/ or if he can do his probation in new mexico

Stephen Aarons
Stephen Aarons
answered on Mar 7, 2021

No. He will be extradited back to Minnesota and serve his time there.

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1 Answer | Asked in Criminal Law for New Mexico on
Q: Is there time limit where stolen 5th wheel trailer would no longer be considered a stolen property?

Friend obtained a 5th wheel through purchase 5,000$ some time after transaction became aware it was stolen is there a certain time limit where it would no longer be considered stolen property or be considered a criminal act to have possession of such?

Stephen Aarons
Stephen Aarons
answered on Mar 2, 2021

It wasnt receiving stolen property when you bought it, but it became a crime sometime thereafter whenever you became aware. There may be a statute of limitations several years down the road. If you know the rightful owner, why not see if you can get some of your money back and return it.

1 Answer | Asked in Criminal Law and Juvenile Law for New Mexico on
Q: New mexico, 16 y boy, 26 y old girl, consensual relationship. His parents approve. Is she breaking the law?

Girlfriend is 9 years and 11 months older than boy. Can someone besides parents bring charges against her?

Stephen Aarons
Stephen Aarons
answered on Feb 13, 2021

16 is the age of consent so she should be OK as to criminal sexual penetration. She could get charged with contributing to the delinquency of a minor if she gets him alcohol or drugs however.

1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: My brother is a felon and they had a search and seizure warrant. The warrant states to search a trailer at the address

No where on the warrant does it state the items to be searched for. They found bullets in the trailer and proceed outside to his truck and found a gun in it. The gun belonged to my other sister. They did not take him to jail and months later they sent him paperwork to reclaim the gun. Is this... Read more »

Stephen Aarons
Stephen Aarons
answered on Feb 5, 2021

First, whether the search warrant was overly broad. Possibly. His federal public defender can best assess the application and warrant. Whether looking in the truck was even authorized by the warrant. Possible suppression issue, yes.

Second, whether a delay of less than one year between...
Read more »

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