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New Mexico Federal Crimes Questions & Answers
1 Answer | Asked in Federal Crimes and White Collar Crime for New Mexico on
Q: First time offender,60 years old .how my time will i be in prison on a 20 month sentence for wire fraud
William Jaksa
William Jaksa answered on Sep 2, 2019

Difficult to answer this question given the large array of variables. There will be an assessment of you and your background, the allegations and the amount of the fraud, that will include your record, opinions on your criminality, your rehabilitation prospects, and general likelihood to re-offend.... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for New Mexico on
Q: can a charge hold up in court if the findings were obtained thru a search of house while only minor son present no war

cops came to my house (initialy to talk about daughter being pulled over at 4 am with adult male) knocked on door didnt announce they were police, after ? me and my bf about said incident they were going to leave but they said they smelled a foul oder which they believed to be weed. i called my... Read more »

William Jaksa
William Jaksa answered on Jul 11, 2019

The very short answer is yes.

There are certainly triable issues and grounds to argue that the search warrant should never have been issued. Were the police acting within their duties when they originally attended? Where they lawfully within the dwelling when they observations (smelled the...
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1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: My friend is facing 10yrs Mandatory Miminum for conspiracy to traffic meth.What price range for a lawyer?

He has never been in trouble before. He is devastated. Court date is in 2-2019. I read that 9 out of 10 get prison sentences in federal court. Is this true and how much time would he actually serve out of those 10yrs? Can you give me a more or less price range that a lawyer would charge?

Stephen Aarons
Stephen Aarons answered on Nov 7, 2018

Your husband should qualify for the safety valve so the ten year mandatory minimum is waived. Depending on the amount of methamphetamine seized, the sentence guideline may be 5-6 years and serve 85%. A private lawyer may charge $25k but the federal public defenders do not charge a fee and are... Read more »

2 Answers | Asked in Federal Crimes for New Mexico on
Q: Can a person in the state of new mexico be charge with the same crime for federal and state? Meaning double jeopardy

My boyfriend is being charge with federal and state on a gun charge but he is a felon and the gun wasn't found on him cops found a gun on the roof but never saw him with a gun nor or attempt to toss the gun. So my other question is how can they charge him with a gun if they never saw him with it?

Stephen Aarons
Stephen Aarons answered on Oct 6, 2018

Sadly federal and state prosecutors may both charge without violating the Double Jeopardy Clause and they can charge without catching your husband in possession. It is reasonable to infer that the firearm did not fly onto your roof by itself.

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1 Answer | Asked in Car Accidents, Civil Rights, Criminal Law and Federal Crimes for New Mexico on
Q: Our car was stolen for a week, wrecked into a business and police caught a guy. Can we sue him for damages?

We had already filed a claim with our insurance and our car was already known to be reported stolen. These are his arrest charges:

Arrest Charges

Release Type:

Arrest Date: 02/13/2018

Arrest Time: 21:00

Arrest Location:

Statute: 30-22-1.1... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 14, 2018

You can sue him but you'd likely never see the money. Thieves usually don't have much.

See if you can get an order of restitution from the criminal charges--contact the DA's victim assistance coordinator.

1 Answer | Asked in Criminal Law, Family Law, Federal Crimes and Personal Injury for New Mexico on
Q: Can I do anything legally against my mom, who abused me for 7yrs in NM. It ended when my dad began raising me on his own

My Mom was very neglectful & abusive. Both Physically and emotionally. All of This happened to me between ages 7-14. She was neglectful and abusive to her other 5children as well. She provided them drugs and Alchohol when they were only between the ages of 11-15. She specifically picked out her... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 19, 2017

You can file criminal charges. You can sue her civilly but that will cost money and unless she has a lot I don't see it as doing anything except frustrating you.

1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: Can a Magistrate Judge be replaced by United States District judge

Would like to remove a magistrate Judge and request US District Judge in a hearing of release

Stephen Aarons
Stephen Aarons answered on Sep 27, 2017

You must proceed to the Release Hearing with the magistrate judge but, if you do not like the ruling of the court, you have a right to appeal to the district judge. On appeal to the district judge, you can present any evidence that bolsters your claim that you are not a danger to the community nor... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: If I was facing a charge and it got dismissed..then a month later charged with the same charge..what should I do?
Stephen Aarons
Stephen Aarons answered on Sep 27, 2017

You need to hire an attorney or, if you cannot afford one, apply for the services of a free attorney at the Law Office of the Public Defender. Often when a charge gets dismissed, it is dismissed "without prejudice" which means the prosecutor can refile it. This dismissal and refiling usually... Read more »

1 Answer | Asked in Criminal Law, Communications Law, Federal Crimes and Libel & Slander for New Mexico on
Q: I have a man who has threatened to email my boss in hopes of getting me fired on top of saying suggestive content

Is this extortion? I need legal questions answered before I pursue any actions

Glenn B. Manishin
Glenn B. Manishin answered on Apr 23, 2017

If he is an employee or officer of the company, you may have a civil claim for s x discrimination or sexual harassment. If not, there may be a crime involved, extortion being one of them, so make out a complaint to the applicable police dept.

1 Answer | Asked in Criminal Law, Federal Crimes, Gaming and White Collar Crime for New Mexico on
Q: I'm looking into starting an app for sports betting. What is the current legality and what are some loopholes?
Robert Donald Gifford II
Robert Donald Gifford II answered on Mar 25, 2017

There is no short or quick answer on this one. There are a number of gambling laws out there with both the state and federal government. It would not be advisable to go forward until you sit down with an attorney who understands gaming and what the federal/state government would frown upon.

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