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He has never been in trouble before. He is devastated. Court date is in 2-2019. I read that 9 out of 10 get prison sentences in federal court. Is this true and how much time would he actually serve out of those 10yrs? Can you give me a more or less price range that a lawyer would charge?
answered on Nov 7, 2018
Your husband should qualify for the safety valve so the ten year mandatory minimum is waived. Depending on the amount of methamphetamine seized, the sentence guideline may be 5-6 years and serve 85%. A private lawyer may charge $25k but the federal public defenders do not charge a fee and are... View More
answered on Feb 18, 2018
You asked this q in il. We hace no idea what nm laws r and there are no class 6 felonies in this state.
We had already filed a claim with our insurance and our car was already known to be reported stolen. These are his arrest charges:
Arrest Charges
Release Type:
Arrest Date: 02/13/2018
Arrest Time: 21:00
Arrest Location:
Statute: 30-22-1.1... View More
answered on Feb 14, 2018
You can sue him but you'd likely never see the money. Thieves usually don't have much.
See if you can get an order of restitution from the criminal charges--contact the DA's victim assistance coordinator.
I was just visiting in New Mexico I live in Dallas what can I do
answered on Feb 4, 2018
You will have to contact an attorney in New Mexico, but the make, mode and year of the car are not elements of a speeding offense. Therefore, any mistakes about such information will generally not cause dismissal of the citation.
My Mom was very neglectful & abusive. Both Physically and emotionally. All of This happened to me between ages 7-14. She was neglectful and abusive to her other 5children as well. She provided them drugs and Alchohol when they were only between the ages of 11-15. She specifically picked out her... View More
answered on Dec 19, 2017
You can file criminal charges. You can sue her civilly but that will cost money and unless she has a lot I don't see it as doing anything except frustrating you.
answered on Nov 30, 2017
Whether a plea agreement is advantageous depends on numerous factors specific to your case. A lack of criminal history is only one thing to consider, and it may not be the most important, depending on the strength of the government's case (i.e., the evidence it has to support the charge).... View More
Can I use the 5th amendment to be cleared from having to testify? We have been together for 5 years and have a child together.
answered on Sep 27, 2017
No, the 5th AMendment only allows you to remain silent if your answer could cause you to be prosecuted. Because you were not married at the time, there is not spousal privilege. You must appear for the subpoena and testify truthfully.
answered on Sep 27, 2017
The Judgment & Sentence is a public record and anyone is entitled to a copy at a nominal price of about 25-50 cents per page. The best way to obtain a copy is to go the the criminal court clerk where the J&S was issued. Before the clerks can print out a copy for you, they will need the name... View More
answered on Sep 27, 2017
Despite what you see on TV, domestic violence victims do not "press charges" and you cannot "drop charges" either. The State of New Mexico filed the charges and the prosecutor is the one who proceeds further to trial, negotiates a plea agreement with the defendant, or dismisses... View More
answered on Sep 27, 2017
NMSA 31-21-15 deals with probation violations. If the judge finds by clear and convincing evidence that the probationer did violate the terms of his probation, the judge may decide not to impose additional time and release the defendant on time served. If the violation is serious, the judge may... View More
answered on Jul 12, 2017
Well, generally I would say no! However, the word "another agency" is a little ambiguous. If it means another law enforcement agency that made a pretext phone call, then maybe, because I have seen that happen. I have filed similar motions to quash and still based many times, on the... View More
answered on Sep 27, 2017
You need to hire an attorney or, if you cannot afford one, apply for the services of a free attorney at the Law Office of the Public Defender. Often when a charge gets dismissed, it is dismissed "without prejudice" which means the prosecutor can refile it. This dismissal and refiling... View More
Is this extortion? I need legal questions answered before I pursue any actions
answered on Apr 23, 2017
If he is an employee or officer of the company, you may have a civil claim for s x discrimination or sexual harassment. If not, there may be a crime involved, extortion being one of them, so make out a complaint to the applicable police dept.
it took them 5 days to get me to arraignment then the judge set my bond at 5000 cash or assurity which i made bail and bonded out of a facility i was never booked in to. can i file charges against the facility for kidnapping and violating my due process rights?
answered on Mar 31, 2017
Not kidnapping but possible civil rights. Contact the NMex Civil Liberties Union. Ask for one of their "cooperating attorneys" who handles "police misconduct" situations.
answered on Mar 25, 2017
There is no short or quick answer on this one. There are a number of gambling laws out there with both the state and federal government. It would not be advisable to go forward until you sit down with an attorney who understands gaming and what the federal/state government would frown upon.
answered on Feb 10, 2017
If the sentencing judge was on a New Mexico district court, your appeal can only be taken to the N.M. Court of Appeals. Their "self-help" guide is at http://www.nmcourts.gov/Self-Help/self-help-guide.aspx, but I would strongly recommend hiring an appellate lawyer in New Mexico to represent you.
Would like to remove a magistrate Judge and request US District Judge in a hearing of release
answered on Sep 27, 2017
You must proceed to the Release Hearing with the magistrate judge but, if you do not like the ruling of the court, you have a right to appeal to the district judge. On appeal to the district judge, you can present any evidence that bolsters your claim that you are not a danger to the community nor... View More
I use the notes of decision and the committee commentaries for each New Mexico statute and rules annotated to compare case laws already decided by the New Mexico courts to formulate and support my arguments however I can't find them online with the case laws that I search for please give me... View More
answered on Sep 24, 2016
I am confused by your question. If you are a lawyer or paralegal, you would already know how to do legal research, and would not be asking the question. If you are a pro se litigant, you can find a great deal of information right here at Justia (and some other sites, as well). You mention... View More
I couldn't find "lewd conduct" in NM criminal offenses. If so, what constitutes lewd conduct?
answered on Jul 20, 2016
"lewd" conduct statutes were sometimes revised to be more specific following challenges for vagueness. Short answer is generally nudity defined as exposure of breasts and genitals, verbally using offensive language and similar actions have
been in the past under "lewd &... View More
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