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New Mexico Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Mexico on
Q: false imprisonment and battery but was wrongly charged for it how would I go about fighting it
Maxwell Pines
Maxwell Pines
answered on Dec 21, 2024

False imprisonment in New Mexico is a serious crime because it is a felony. A case involving false imprisonment and battery often comes down to an analysis of how credible and consistent the alleged victim has been. The defendant will want to figure out if there are any defense witnesses available,... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: Can I email a district court judge and ask him to please set a court date and quash a warrant.

Warrant issued because the attorney or his office never contacted me letting me know nothing I have proof I notified his office on numerous occasions with not so much as a phone call back

Maxwell Pines
Maxwell Pines
answered on Dec 21, 2024

Hello. I am sorry that you were neglected by your attorney. You deserve more communication and better service from a lawyer. The answer to your question certainly depends on the severity and seriousness of the charge in question. I have seen, for example, cases where the defendant would try to... View More

2 Answers | Asked in Criminal Law and International Law for New Mexico on
Q: 10yr charged w/unlawfully,now was charged with receiving and transferring a stolen motor. What's my aftermath

I'm a African American woman

Tim Akpinar
Tim Akpinar
answered on Oct 18, 2024

I do not practice criminal law, but your post came up under "International Law." Don't mess around with this on public forums inquiring about aftermaths. Seek the guidance of a criminal defense attorney without delay. You posted in the beginning of the week and we're now at a... View More

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1 Answer | Asked in Criminal Law for New Mexico on
Q: My daughter was arrested 31 days ago for a probation violation. How much longer will she be in jail?

What is the difference between a major violation and a technical violation. Is leaving the county a major or technical violation?

Nate Crowley
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answered on Aug 30, 2024

Technical violations are smaller things, like missing a meeting with the PO.

Leaving the county then coming back same day without permission is a technical violation in my opinion. Leaving the county then going to another country and not coming back for years would not be a technical...
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1 Answer | Asked in Constitutional Law and Criminal Law for New Mexico on
Q: pulled over for speeding, police impounded car to get search warrant after i refused search

officer claimed he smelt fentynal so he asked to search the car i said no, he claimed i said yes but i kept saying no. threatened me by stating he would call my husband probation officer if i refused to let him search car. car isnt mine. my husband and i just cashed our check that we needed to... View More

James L. Arrasmith
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answered on Jul 21, 2024

You have a few important steps to take right away. First, make sure to document everything that happened, including the officer’s threats, your refusal to consent to the search, and the fact that you didn't receive any paperwork. This documentation will be crucial for your defense and any... View More

1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: If I was put on probation and felony probation and I didn't check in and out ran it till it was at the end of my

Probation would I have to do the whole probation time or would it have to to be dropped

James L. Arrasmith
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answered on Jun 22, 2024

If you have concerns about your probation status, I would strongly advise speaking with your probation officer, a lawyer, or the court to understand your specific situation and options. Failing to comply with probation terms can have serious legal consequences. A qualified legal professional can... View More

1 Answer | Asked in Criminal Law and Constitutional Law for New Mexico on
Q: Can a judge stop you from representing yourself?

If your public defender knows the other personally are they still able to defend you or can i request for some one else?

James L. Arrasmith
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answered on Jun 17, 2024

A judge can stop you from representing yourself if they determine that you are not competent to do so. This decision is based on whether you understand the charges against you and can adequately defend yourself. The judge's primary concern is to ensure that you receive a fair trial.

If...
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1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for New Mexico on
Q: I recently went to see my boyfriend in prison, a they searched my car. & took pictures of my cashapp can they do that?

I got intergated after my visit, they threatened me a searched my car & took pictures of my bank accounts. The Correction officer said I was supposed to hand an inmate something because of my recent phone call of visiting the inmates family, before the visit this is my first time visiting my... View More

James L. Arrasmith
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answered on Jun 7, 2024

I'm sorry to hear about your experience. In general, correctional facilities have strict security protocols, and searches of vehicles and personal belongings can be part of these procedures, especially if they suspect contraband. However, taking pictures of your bank accounts and other... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New Mexico on
Q: on 2 police reports and crminal complaints my boyfriend is in jail for the last name on them is not the last name.
James L. Arrasmith
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answered on Jun 2, 2024

It sounds like there's an issue with the accuracy of the police reports and criminal complaints regarding your boyfriend. If the last name on these documents is incorrect, this could potentially impact his case and his defense. It's important to address this error promptly to ensure that... 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, 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
Ryan Sise
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 Criminal Law, DUI / DWI, Employment Law and Traffic Tickets for New Mexico on
Q: MVD does not value magistrate dismissal forms or follow their guidelines in a revokasion 4r 2 years. What 2 do?

They enforcing a violation without probable cause or a citation or criminal code to go on. I might have legal aid but need relief of 3 impounds for civil rights violations and placed the breathalyzer 3 times with monthly fees to something u existing.

Karlos Ulibarri
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answered on Feb 5, 2025

I apologize but I do not understand the question you are asking.

Please restate and send in your question again.

Thank you

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for New Mexico on
Q: Served 18 months of Adult Probation. On 4th degree felony in New Mexico. Only after probation was over it got espunged.

Was covered under Statue 30-31-27.1. my public Attorney said could only use in Federal Court. I was having overdose. Was charged cause police saw Marijuana growing. Had a search on home arrested and took plea advise of public defender

James L. Arrasmith
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answered on Jan 27, 2025

It sounds like you've been through a challenging legal situation, and it’s good that you’re seeking clarity on what happened and what it means moving forward. In New Mexico, under statute 30-31-27.1, certain drug-related offenses can be expunged if specific criteria are met, which may... View More

1 Answer | Asked in Domestic Violence, Criminal Law and Civil Rights for New Mexico on
Q: If a witness in a domestic violence case has schizophrenia and not competent reliable witness. Can it be dismissed?

The witness in the past hen she committed a crime was found not competent and charges were dismissed

James L. Arrasmith
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answered on Jan 21, 2025

Mental health conditions like schizophrenia don't automatically disqualify someone from being a witness in court. The key factor courts consider is whether the person can understand and tell the truth about what they witnessed at the time of the incident, regardless of their diagnosis.... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for New Mexico on
Q: Ina probation Adjucation court I was honest and told my probation officer I was dirty for drugs.

But the UA Specimen was never sent to lab for anyalis. Can I still be violated if it was never proven to be dirty for drugs.

James L. Arrasmith
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answered on Jan 21, 2025

I understand you're in a difficult situation regarding your probation status. Your honesty about drug use during probation is significant, even without laboratory confirmation of the UA specimen.

From a legal standpoint, verbal admission of drug use to your probation officer can be...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law, Civil Rights and Constitutional Law for New Mexico on
Q: I took a plea bargain in a drug case and did my probation and only to have the charge I plead guilty to be expunged.

I was covered under NM Statue 30-31-27.1 because of having a heart attack due to a drug overdose and was in the need of medical Attention. Where Marijuana was seen while awaiting EMT.

James L. Arrasmith
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answered on Jan 21, 2025

Your situation touches on an important aspect of New Mexico's Good Samaritan law, which provides protection for people seeking medical help during overdose emergencies. The fact that marijuana was discovered while you were receiving emergency medical care should have been protected under this... View More

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