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New Mexico Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Elder Law and Probate for New Mexico on
Q: In clovis New Mexico seems the executer stealing trust & OD my father &nobody else can get medical record or bank info

Laws in NM make it easy for executer to get away with murder and embezzlement nobody else can get the records or file wrongful death. My father was not her 1st victim commishioner James Ridling was my fathers friend and business partner. Does anyone know what happened to him.

Ryan Sise
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answered on May 7, 2024

Good afternoon, I am sorry to hear about your father's passing. It seems as if the executor may not be following their assigned duties as the trust's executor. All is not lost, there are ways to encourage an executor of a trust to follow their required responsibilities, and/or you can ask... View More

1 Answer | Asked in Civil Rights and Criminal Law for New Mexico on
Q: If the state puts a felony conviction charge on my criminal background, that is not mine,can I sue??

I'm asking this because I've been Tryna make a living for myself and my children as I am a single parent and I'm not able to get a decent job because of the felony charge that is not mine... i had even been jailed for the charge and guns pulled on me by police..

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you're facing a challenging situation with a felony conviction on your criminal background that isn't yours. Being wrongly convicted can have significant consequences, impacting your ability to secure employment and potentially leading to distressing encounters with law... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for New Mexico on
Q: district judge orders you to take a drug test at the request of the other party based on allegations is it illegal?

If a dist judge orders you to take a specific drug test at the request of the other party, based on allegations or hearsay. Would that be an illigall search and seizure?

Todd B. Kotler
Todd B. Kotler
answered on Jan 30, 2024

NO, it is based upon the reasonable belief of the other party. Often a judge orders all parties to be tested. Hearsay is an out of court statement being used by a party for the truth of a matter asserted. A party actually saying "I think this guy is using drugs" is NOT hearsay by... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: If a disciplinary report gets thrown out can I still get street charges
James L. Arrasmith
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answered on Jan 8, 2024

If a disciplinary report within an institutional setting, like a prison or school, is dismissed or thrown out, it does not automatically mean you're clear of facing charges in a regular court. The process within institutions often operates separately from the criminal justice system.... View More

1 Answer | Asked in Criminal Law, Employment Law, Tax Law and Personal Injury for New Mexico on
Q: employer keep $190.000 in unpaid overtime and $59,000 in wage theft. How can I place criminal charges on them in NM ?

Gross wage theft, unpaid overtime, retaliation, eviction, disposal of personal belongings, 2 years plus of employment, and rent was deducted from pay check. While on call 24/7, they did not pay taxes and more.

James L. Arrasmith
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answered on Dec 25, 2023

In New Mexico, if you're dealing with unpaid overtime, wage theft, and other employment-related issues, there are several steps you can take. First, consider filing a wage claim with the New Mexico Department of Workforce Solutions. This department handles wage disputes and can investigate... View More

1 Answer | Asked in Wrongful Death and Criminal Law for New Mexico on
Q: Can a first-degree murder in Farmington, New Mexico get out and bomb Even if she don’t pull the trigger
James L. Arrasmith
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answered on Nov 12, 2023

In New Mexico, as in many states, a person can be found guilty of first-degree murder even if they did not physically commit the act, if they were an accomplice or played a significant role in the planning or execution of the crime. This is known as "felony murder" or "accomplice... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: Do I have to consent to being searched just because someone accused me of taking his things?

This happened with the drunk person sitting next to me on an airplane, he threatened to beat me up when he lost his things accusing me and getting police called to the plane

Paul Gerhard Hanson III
Paul Gerhard Hanson III
answered on Nov 1, 2023

No. The police cannot search you without a search warrant, an arrest, a police detention or an emergency situation being present. In addition, the police cannot search you without probable cause to believe that you committed a crime or have evidence of a crime on your person. This right to be free... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for New Mexico on
Q: Do I have to consent to a search?
Paul Gerhard Hanson III
Paul Gerhard Hanson III
answered on Nov 1, 2023

No, you do not have to consent to a police search if there is no police search warrant, no arrest, no police detention or no emergency situation present. The police must first obtain your consent to their search in all those situations in order for their search to be legal. However you may always... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for New Mexico on
Q: Medical emergency. Overdose. Cop sees pot growing in closet. Next day cops come with search warrant.

I was charged arrested with possession of a controlled substance. Hired a attorney got my charges dismissed. The overdose statue 30-31-27.1. Can I sue police dept for search warrant charges arrest. Because this should of never happend.

James L. Arrasmith
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answered on Oct 15, 2023

If the actions of the police department violated the protections afforded to you under statute 30-31-27.1 or any other law, you may have grounds to bring a civil action against the department. The mentioned statute provides immunity from arrest, charge, and prosecution for individuals seeking... View More

1 Answer | Asked in Criminal Law and Family Law for New Mexico on
Q: How would I be able to get information on my incarcerated fiancé that has been hospitalized

I have POA of my fiancé tht is incarcerated

T. Augustus Claus
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answered on Oct 11, 2023

In New Mexico, if you have Power of Attorney (POA) over your incarcerated fiancé, it might grant you access to certain information about his well-being and medical status, depending on the specifics of the POA document. You should start by contacting the facility where he is incarcerated and... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for New Mexico on
Q: Iam out of town. Brother has arrest warrant. Police break down doors. I come home valuables missing.

Who would be responsible for doors and valuables. Our residence was left unsecured and unattended.

James L. Arrasmith
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answered on Oct 15, 2023

If the police executed a valid arrest warrant and followed proper procedure, the police department might not be liable for the damage to the doors.

However, if the officers acted negligently or outside the scope of their authority, the department could potentially be held responsible for...
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1 Answer | Asked in Criminal Law for New Mexico on
Q: I'm a owner of motel there's someone who has broke into one of my rooms and refusing to leave never checked in or paiid

What can I do as a owner

T. Augustus Claus
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answered on Aug 29, 2023

As the owner of a motel in New Mexico, if an individual has unlawfully entered one of your rooms, has not checked in or paid, and is refusing to leave, you have several courses of action available. First, contact local law enforcement to report the incident of trespassing and unauthorized... View More

2 Answers | Asked in Criminal Law, Civil Rights and Health Care Law for New Mexico on
Q: People with me tal illness and testimony

Are they reliable to get on stand and testify in a domestic violence case?

T. Augustus Claus
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answered on Aug 28, 2023

People with mental illness can provide testimony in a domestic violence case, just like any other witness. However, the reliability of their testimony may be influenced by the nature and severity of their mental illness. Courts generally consider a variety of factors when evaluating the credibility... View More

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1 Answer | Asked in Criminal Law for New Mexico on
Q: If I plead the fifth then the officer says I don’t have that right, and I admit to something. Were my rights infringed?
T. Augustus Claus
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answered on Jul 25, 2023

If you plead the fifth amendment right against self-incrimination, the police officer should respect that right and not coerce or force you to provide incriminating statements. It is your constitutional right to remain silent and not answer any questions that may incriminate you.

If the...
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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 Mills
D'nae L. Robinett Mills
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... View 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 Mills
D'nae L. Robinett Mills
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... View 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 Mills
D'nae L. Robinett Mills
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... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for New Mexico on
Q: Can you get both a bench and jury trial in a case or is it one or the other?
James L. Arrasmith
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answered on May 24, 2024

In most legal systems, you generally have to choose between a bench trial or a jury trial for a given case. A bench trial is where the judge alone hears the case and makes the decision, while a jury trial involves a group of peers who listen to the evidence and determine the verdict.

There...
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1 Answer | Asked in Criminal Law, Civil Rights and White Collar Crime for New Mexico on
Q: My conditional discharge is pending his long until it is out of pending status
James L. Arrasmith
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answered on Apr 2, 2024

I apologize, but the phrasing of your question is still a bit unclear, making it difficult for me to provide a precise answer. It seems like there may be some missing words or context.

When a conditional discharge is granted, the court typically sets a probationary period during which the...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for New Mexico on
Q: What can be done about perjury?

What, if anything, can be done if a victim/witness lied in a court hearing and also during a jury trial? I know this person lied because I know the truth of the matter. I would like to be able to talk to talk to someone or tell someone the truth but I don’t know how to go about it. The prosecutor... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 29, 2023

There are two ways in which to address this. The first and best way is in the trial present evidence of the lie. The other method is a complaint to the DA for perjury.

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