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New Mexico Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Libel & Slander for New Mexico on
Q: I was a accused of as sex offender and I never knew I was registered without my knowledge Or told .

I was found not guilty by jury. In the past five years I believe. I've probably gone through numerous background checks I don't know why I didn't get the jobs and for some reason today 9/15/20 I ran a sex offender check and my address the name is a little different but same family .... View More

Stephen Aarons
Stephen Aarons
answered on Oct 9, 2020

You can get your record expunged from the district court in the county where this happened.

1 Answer | Asked in Criminal Law for New Mexico on
Q: My kid was accused of taking a sign out of someone else's yard and they grabbed them and kept them waited for the cops

My child whose 14 in my other child whose 13 was accused of pulling a sign out of a yard and the owners grabbed him and held them until the cops came

Stephen Aarons
Stephen Aarons
answered on Oct 9, 2020

What is your question? He will probably go with you the the Juvenile Probation Office for an assessment. They are not your adversaries but just trying to get a handle on family stability, school attendance and grades, drug use. If neither of your sons has a juvenile record, I would guess they will... View More

2 Answers | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: 15 Year old case

I was arrested 15 years ago. Las Vegas, Felon in Possession of a Firearm. I was bonded out. I absconded before my arraignment. Ive been pulled over in the state where I live and told I have an outstanding warrant in NV but they declined extradition. My mothers dying and I want to go home. When I... View More

Stephen Aarons
Stephen Aarons
answered on Aug 16, 2020

The statute of limitation has not changed but, unfortunately, when you fled the jurisdiction you tolled the statute. Depending on how many prior felonies your attorney may be able to avoid imprisonment when you decide to face the charges. Or you can wait to be stopped on a traffic violation and get... View More

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1 Answer | Asked in Car Accidents and Criminal Law for New Mexico on
Q: Keying someone's car is coincided vandalism, what charges I'm I facing up against..
Peter N. Munsing
Peter N. Munsing
answered on Jun 5, 2020

If you were charged you would know. Generally, vandalism, malicious destruction of property would be two of them. There may be others.

2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for New Mexico on
Q: Hit by drunk driver, both vehicles totaled. Other driver charged with DUI and off to jail. Injuries, maybe long term.

We have her insurance info and filed a claim. Our insurance paid our vehicle off and offered us an extra almost $4500 (This does not replace the vehicle). We are still waiting, 6 days now for police report. We have lost work time, scared kids, no vehicle, and anguish to know end. We want to go... View More

Mark Caruso
PREMIUM
Mark Caruso
answered on Mar 29, 2020

I am so sorry to hear of your recent crash which was caused by a drunk driver. DWI's continue to be a real problem in our state. You can bring a personal injury claim against the driver and insurance company for all injuries suffered by you and your family. Each of you have an individual... View More

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1 Answer | Asked in Criminal Law for New Mexico on
Q: What is the maximum penalty in NM for attempting to elude and failure to comply to probation orders?
Marc Grano
PREMIUM
Marc Grano
answered on Mar 20, 2020

You will need to sit down and talk with an attorney to review, assess and advise on any specific case. He/she would need to review the specifics of the plea agreement that placed the person on probation as well as the specifics of any new allegations. The attorney would also need to know the... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: Is there a statue of limitations on probation violations in New Mexico.

If someone violates their probation, and it's not caught until after the probation period is over can they court issue a warrant or is there a statue of limitation on that?

Marc Grano
PREMIUM
Marc Grano
answered on Mar 4, 2020

I would recommend that you talk directly to an attorney who can review and assess the specifics of the case. I will offer a very generic answer given the following assumed facts:

1. In New Mexico State court

2. The probationer is an adult

3. The probationary period...
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1 Answer | Asked in Criminal Law for New Mexico on
Q: I have a standing criminal pretrial order that was filed march 3 2017. And idk what it is or why

I didnt get into any trouble in 2017

I have a feeling that I'm getting railroaded

Marc Grano
PREMIUM
Marc Grano
answered on Jan 25, 2020

I do not believe there is a way to answer your question without actually reviewed your specific order. In general, a pretrial order establishes deadlines for discovery, motions, interviews (if in state court), plea deadlines and other deadlines in preparation for moving the case towards trial.... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: Is there a minimum mandatory sentence for aggravated fleeing in New Mexico
Marc Grano
PREMIUM
Marc Grano
answered on Jan 22, 2020

There is not a mandatory minimum sentence for Aggravated Fleeing in N.M. state court. It is a fourth degree felony punishable by a maximum of 18 months in custody and/or $5,000 fine.

1 Answer | Asked in Criminal Law and Civil Rights for New Mexico on
Q: Firearm ownership in new Mexico

I legally bought a rifle and shotgun in 1978; in 2009 I was convicted of nonviolent felony, sentenced to 8 months, completed sentence in May 2010;

May I legally have the firearms, in my home, in new Mexico? If not, is there a way to legally do so?

Keep in mind- rifles, not handguns,... View More

Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo
answered on Jan 22, 2020

No, you aren't legally allowed to own a firearm. See N.M. Stat. Ann. § 30-7-16.

This same statute defines a "felon" using the following language:

“[F]elon” means a person convicted of a felony offense by a court of the United States or of any state or...
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1 Answer | Asked in Criminal Law for New Mexico on
Q: Can a person be charged 2nd offense if the 1st offense was over 10 years ago in New Mexico
Marc Grano
PREMIUM
Marc Grano
answered on Dec 1, 2019

I believe what you are asking is related to DWI charges? If that is correct then the answer to the general question is yes. Prior DWIs do not “expire” or become unusable after ten years. Assuming that the state can present proper evidence of the prior. There are also ways to collaterally... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: A friend of mine got shot an didn't make it the police went out to the cousins house took his cell phone

An him to the station for questioning

Gary Kollin
Gary Kollin
answered on Oct 27, 2019

No question. Thank you for sharing. Try rewriting with real words and single, not run on, sentences

1 Answer | Asked in Criminal Law for New Mexico on
Q: I was arrested in September and released In October, but today I found out I have a bond arraignment in November

I don’t know what this means

Gary Kollin
Gary Kollin
answered on Oct 22, 2019

It is amazing what you can find on google

https://criminal.findlaw.com/criminal-procedure/arraignment.html

1 Answer | Asked in Criminal Law for New Mexico on
Q: I was charged with 30-31-23 (a) & (e) for having 5 grams of meth in my car but the courts said it's a mistermeanr

I thought that charge was a 4 th degree felony?

Marc Grano
PREMIUM
Marc Grano
answered on Oct 17, 2019

Possession of a Controlled Substance (Meth), pursuant to NMSA 1978, Section 30-31-23 (A) and (E) is a fourth degree felony. A fourth degree felony is punishable by a maximum of eighteen months in prison and/or $5,000.00 fine. However, a person facing this charge MAY qualify for twelve month... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: How long can NM carry a detainer on someone federally incarcerated? It’s been 13 years and they won’t lift detainer.

They have violated IAD 4 times.

Gary Kollin
Gary Kollin
answered on Oct 9, 2019

File for a speedy trial pursuant to the IAD

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for New Mexico on
Q: What is the maximum time a state can carry a detainer on an individual that has been incarcerated in another state?

Detainer is 13 yrs old and IAD violated 4 times.

Gary Kollin
Gary Kollin
answered on Oct 9, 2019

Asking the same question more than once?

1 Answer | Asked in Criminal Law for New Mexico on
Q: Can i ask da what witness/victim said against me? If so do they have to answer truthfully?
Marc Grano
PREMIUM
Marc Grano
answered on Sep 10, 2019

In both District and Magistrate court, the defendant has a right to complete discovery which includes all statements. In addition, the defendant has a right to complete a witness interview of the state's witnesses prior to trial. Good luck.

1 Answer | Asked in Criminal Law for New Mexico on
Q: Is getting pulled over by an officer for the 1rst time without cause other then knowing my liecense were suspended

The officer also said he and every other police are to pull me over when i move my car and laughed when saying he personally will have it impounded

Gary Kollin
Gary Kollin
answered on Aug 14, 2019

You are driving on a suspended license. That is cause

1 Answer | Asked in Criminal Law for New Mexico on
Q: Can I get breaking and entering charge

There was no posted no trespassing signs there was a house no door full of trash I didn't go in just walked around the property looking at everything there was a gate but it wasn't locked the gate was wide open

William Jaksa
William Jaksa
answered on Jul 29, 2019

Technically speaking it doesn't matter if a door is locked or even if it's wide open to be charged with B&E. The act of opening an unlocked door can be enough to be considered breaking & entering. It depends on your intentions. If your intentions were just exploring the property,... View More

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