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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 
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
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
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
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.
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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
I have POA of my fiancé tht is incarcerated
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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
Who would be responsible for doors and valuables. Our residence was left unsecured and unattended.
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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... View More
What can I do as a owner
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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
Are they reliable to get on stand and testify in a domestic violence case?
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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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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... View More
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
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
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
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.
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
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
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.
The officer failed to hit his lights and sirens for the whole chase up until the last 5 -10 seconds. Can my fiance fight this, how were we to know it was a police officer if he didn't follow protocol
answered on Jun 9, 2023
This sounds like excellent evidence to present at your trial after a not guilty plea. This case arises under traffic ticket law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.
Who wants to help me Sue the mental hospital that allowed one of their employees to beat me pro bono
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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.
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.
She was on probation for same thing when this happened
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... View More
All charges was non violent including domestic violence
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... View More
I've been dating this felon prior to becoming a felon myself
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.
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
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... View More
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