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New Mexico Domestic Violence Questions & Answers
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 Domestic Violence for New Mexico on
Q: Can I take my ex-husband to court for the sexual abuse that he put me through in our marriage including human traffickg

I am severely damaged from that abuse!

T. Augustus Claus
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answered on Oct 20, 2023

In New Mexico, you can pursue legal action against your ex-husband for any criminal acts, including sexual abuse or human trafficking, that occurred during your marriage. However, it's essential to act within the statute of limitations for such offenses, which can vary based on the specific... View More

1 Answer | Asked in Domestic Violence for New Mexico on
Q: If you haven’t been arrested yet, can you be arrested at a scheduled first appearance? Felony arrest warrant

Albuquerque, New Mexico. Defendant was issued a felony arrest warrant for aggravated stalking. Defendant had a public defender file a motion to cancel the arrest warrant and set his plea. Judge did not take kindly to the motion and responded with an order for a first appearance on 8/9, stating that... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 31, 2023

One with an arrest warrant can be arrested anytime and anywhere that person is identified. Were I the opposing party, I would certainly alert the Court that the Defendant has a warrant. The Defendant should coordinate with his attorney to turn himself in ASAP.

1 Answer | Asked in Criminal Law and Domestic Violence for New Mexico on
Q: what does a no hold bond mean?

if you did an outburst in court

Stephen Aarons
Stephen Aarons
answered on Nov 14, 2020

A no bond hold means he sits in jail without any ability to post a bond for his release.

1 Answer | Asked in Criminal Law and Domestic Violence for New Mexico on
Q: Before entering a courtroom a family member on the plaintiffs side made a finger gun gesture is that intimidation?
Gary Kollin
Gary Kollin
answered on Jul 19, 2018

You should report this to your attorney

1 Answer | Asked in Criminal Law and Domestic Violence for New Mexico on
Q: What is a reasonable plea deal for a first time offender of 30-3-15 battery against a household member
Marshall Jason Ray
Marshall Jason Ray
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

1 Answer | Asked in Criminal Law and Domestic Violence for New Mexico on
Q: My gf was arrested for battery and domestic i didnt press charges how long will she be in county
Stephen Aarons
Stephen Aarons
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

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