Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New Mexico Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for New Mexico on
Q: I have a complaint about the sheriff's department

I have a complaint about the sheriff'sdepartment illegally searching my house, twice and towing my car because I refused to file a false police report - what type of lawyer do I need? civil rights?

Marshall Jason Ray
Marshall Jason Ray
answered on May 23, 2016

There are attorneys who specialize in bringing lawsuits against law enforcement officers and agencies for violations of civil rights. They may advertise as personal injury or civil rights lawyers.

1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for New Mexico on
Q: Can I do a tort claim for compensation of property lost by the local police department
Marshall Jason Ray
Marshall Jason Ray
answered on Apr 26, 2016

You would need to provide more details. While a tort claim is probably not the avenue, there usually is a process for taking inventory and providing a receipt of voucher of property taken. There can be many breakdowns in that process. Alternatively, depending on the facts, the property might be... View More

1 Answer | Asked in Constitutional Law, Civil Rights and Criminal Law for New Mexico on
Q: Completed a 3 year sentence in doc and just won my appeal in new Mexico court of appeals what actions can I take

I was found guilty by a jury I was sentenced to 5 1\2 years ..18 months for a 4th plus they gave me the 4 year obitual offender .. Court of appeals recently reversed my conviction

Marshall Jason Ray
Marshall Jason Ray
answered on Mar 19, 2016

You should consult with an attorney. What options you have will depend on many facts, which you have not provided here. For example, you may be contemplating bringing a civil rights lawsuit. You do not automatically have a case just because your conviction was overturned after you served some... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: Is it legal to have a family member as my felony probation officer
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 8, 2015

You need to have a full discussion with a local attorney about this. You are not going to get an adequate answer on the internet for free that will address all the issues involved as to whether there might be a conflict of interest here.

1 Answer | Asked in Criminal Law for New Mexico on
Q: My son is 17 and the police want him to come in for an interview. should i get a lawyer first? do I have to let him?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 16, 2015

When anyone is accused of crime, they have the right to remain silent. Yes, he needs an attorney first. If he is alleged to have committed a crime, he must remain silent. If they have enough to arrest him, they will.

1 Answer | Asked in Criminal Law and Public Benefits for New Mexico on
Q: I have been arrested for trafficking with intent to dist. 2nd offense which I have a federal charge and did time for

Possession with intent to dist. They are trying to give 18 mandatory years which I was caught in possession of 25gs 600 cash baggies and a scale isn't these two different charges?

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 22, 2015

You are facing 18 years and ask only if the charges are different? Yes, they are different charges, most likely.

1 Answer | Asked in Criminal Law for New Mexico on
Q: Summoned for harassment and stalking, can the person who made the police report be charge for making false statements?

Got into a arguement with now ex fiance, she hung up on me and then I proceeded to call multiple times. I have been summoned for harassment and stalking, I have plenty of voicemail, facebook messages, pictures, to disprove stalking. Can the accuse be charged for making a false statement? In the... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 14, 2015

Of course, that would depend upon the facts, and you have not given enough here.

1 Answer | Asked in Criminal Law for New Mexico on
Q: My husband is serving time on a misdemeanor The judge has denied his request for good time with no reason

Is there anything we can do from here? We have 4 kids and he has an ailing grandfather. I am on the verge of losing everything because i dont have sitters to work the hours i need to to get the bills paid

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 10, 2015

Probably the best thing you can do is to go see a local criminal defense attorney to find out if the judge would be able to order that he serve the rest of his time during weekends. That is the only thing that I can think of that might help you, and probably to discuss the issues fully with the... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: Im German and I got caught smoking weed and I live in NM. What will happen? Will I get deported? First offense.

My dad is in the German air force stationed in NM and I got caught smoking weed with friends, will they deport me and my family? I got charged with (statute 30-31-25.1 and 30-31-23) any information will help.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 8, 2015

You will be prosecuted probably for a misdemeanor and will need an attorney for that. You probably will not be deported. Possession of a small amount of marijuana is not a crime of moral turpitude.

1 Answer | Asked in Criminal Law for New Mexico on
Q: Can a person be guilty of embezzling or extorting money from their spouse?

Specifically, can a person refuse to provide paperwork that prevents their spouse from losing their home unless their spouse pays them a lot of money? I need to refinance my home per the terms of a real estate contract but my estranged wife living out-of-state is refusing to sign a Sole &... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 8, 2015

Probably not, and especially not if the law allows her to negotiate in a family matter, which it most certainly does. Seek advice from a family lawyer about all of this.

1 Answer | Asked in Criminal Law for New Mexico on
Q: How can you find out if the law enforcement is looking for you for questioning?

My neighbor told me whole i was at work that the sheriff department came by my house looking for me for questioning. How do i find out it is true?

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 4, 2015

Go to a local criminal defense attorney and have a face to face discussion about this.

1 Answer | Asked in Criminal Law for New Mexico on
Q: What is the best stragegy when law enforcement wants to bring you in for questioning?

I was told the law enforcement came by my residence to ask if i would answer some questions. I won't answer any questions without an attorney present. With that being said I would have to hire one to be present for attorneys dont do this free of charge.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 3, 2015

What you see on law and order, the defendant and his attorney negotiating with the investigator and the prosecutor, a common scene on that TV show, is not reality. If they have enough probable cause to arrest my client, then they can make an arrest. If they do not have enough probable cause for... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: Im 15. My Boyfriend is 18. Can we have sex if we are 2 years 11 months apart in age?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 24, 2015

No, you do not have the capacity to consent to sex.

1 Answer | Asked in Criminal Law for New Mexico on
Q: Can an individual wear a body cam, in public, excepting private public-use areas, legally and without liability?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 17, 2015

Legally and without liability? That depends more on what is done in public than whether you have a body cam, but who can answer this question fully, without doing a ton of legal research on this precise topic?

1 Answer | Asked in Criminal Law for New Mexico on
Q: What is the possible sentences for NM 30-31-23 and NM 30-31-25.1A
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 19, 2015

You have not provided enough information for an answer. It depends upon the facts and the amount of the controlled substance, niether of which you gave. You can look at the statutes right here on Justia.

1 Answer | Asked in Criminal Law for New Mexico on
Q: Hello I was convicted of a felony over 20 years ago. Can I own a fire arm in New Mexico

I have not been in any trouble since then. I was 17 and made a mistake and I am 47 now.I did 6 months in prison and let off parole early since I completed everything needed in good standing

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 11, 2015

Do a simple internet search for restoration of gun rights in New Mexico. I did, and this is just part of what was there:

After ten years, your firearm rights are restored pursuant to N. M. Stat. Ann. § 30- 7-16. ... New Mexico law is clear and straight forward on the matter.

1 Answer | Asked in Criminal Law for New Mexico on
Q: I want to get a deffered felony possession charge expunged. Is that possible?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 19, 2015

Do a simple internet search on "expungement in NM." There will be many results. Start reading some basic information on this topic.

1 Answer | Asked in Criminal Law for New Mexico on
Q: what are the laws for NM state police allowing criminal trespassing?

NM State police allowing criminal trespass of individual or wrecker

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 20, 2015

Usually, there is a trespass warning given or perhaps appropriate signs posted. You need more than basic legal information because you are asking a question which presumes that there are laws governing this. In order to answer this precise question, one has to know all of the applicable statutes,... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: Why did my husband get arrested for child abuse W/O gbh first offense, while not making any contact with our daughter

My husband was defending himself when his father tried to hit him, he pushed his dad off of him and then his dad called PD, but my husband ended up going to jail and getting charged with child abuse first offense. Our daughter was in a different room when this happened, and was completely safe, why... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 20, 2015

Your husband has been arrested. He needs to get a private criminal defense attorney locally, who will investigate all the facts and circumstances and represent him accordingly.

1 Answer | Asked in Criminal Law for New Mexico on
Q: I had a search warrant for my house i went to jail officer give my key to the house to the girl that accused me

Ng her car which is my landlords daughter my girlfriend also lives with me and was there at the time I had things missing from my house call ed the police they say they didn't take anything so it must of been her why would the police give her the keys and not my girlfriend which is on the... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 21, 2015

Did you have a basic legal question that you forgot to ask?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.