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New Mexico Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for New Mexico on
Q: My public defender isnt doing anything she hasnt even called me and she lied to the judge

I am charged with trafficking it is my first offense

Stephen Aarons
Stephen Aarons answered on Nov 24, 2020

You did not ask a question.

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.

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for New Mexico on
Q: Perhaps I didn't ask the question properly. My niece has a warrant for burglary in New Mexico. She has an 8 yr old girl

She wants to turn herself in with her lawyer but wants me to pick the daughter up before she does that so she's with someone safe. What should I do to make sure I have guardianship of her for school, medical and other things?

Sean Maye
Sean Maye answered on Nov 11, 2020

The answer to this question is one rooted in NM law, unfortunately. As you would be attempting to assume custody of the child in NM, you will need to consult with a lawyer there regarding a possible emergency petition for temporary custody and guardianship. That said, it is highly unlikely that... Read more »

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1 Answer | Asked in Criminal Law for New Mexico on
Q: Yes i am a 4 th felon it been almost 11 years i have not had any other convictions can i get my gun rights back
Stephen Aarons
Stephen Aarons answered on Nov 9, 2020

I am not an expert in firearms law but my understanding is that you are banned for life under federal law because of your 4th degree felony conviction. Some states may allow it but you run the risk of federal prosecution if stopped by, for example, a federal park ranger.

1 Answer | Asked in Constitutional Law for New Mexico on
Q: does congress has the right to do term limits
Tim Akpinar
Tim Akpinar answered on Nov 8, 2020

There are term limits, but only so far as the length of a term, not the number of terms a member of Congress may serve. Terms are two years for representatives and six years for senators, with both enjoying unlimited terms. There have been developments on the issue you raise (limiting the number of... Read more »

2 Answers | Asked in Trademark for New Mexico on
Q: Can someone trademark a phrase that is within my longer trademark?

Is "Wild Daisy Graphics" (my hopeful business name) a different trademark than "Wild Daisy"? I'm afraid that even if I get Wild Daisy Graphics trademarked, then someone can come along and trademark "Wild Daisy" and then claim infringement on me.

Evelyn Suero
Evelyn Suero answered on Oct 31, 2020

Whether two trademarks are different or confusingly similar depends on many factors including the similarity/relatedness of the class/categories for the products and/or services represented by the trademarks; whether there is a likelihood of confusion, etc. The USPTO will likely issue a refusal of... Read more »

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1 Answer | Asked in Criminal Law for New Mexico on
Q: If I completed my sentence and was granted a conditional discharge for a 4th degree felony, is my case dismissed?

Conviction date was 06/2015. I was sentenced to 1 year probation. I successfully completed probation in 06/2016. Does my attorney need to file for dismissal or is it automatically dismissed after 4 years?

Marc Grano
Marc Grano answered on Oct 23, 2020

There is usually an Order of Release on Conditional Discharge with is submitted by the probation officer and signed by the judge. That order closes the case and relieves the probation officer from continued supervision in the case. The record of adjudication will remain.

The only way to...
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1 Answer | Asked in Criminal Law for New Mexico on
Q: is scheming or planning essential elements of criminal intent in new mexico?
Stephen Aarons
Stephen Aarons answered on Oct 19, 2020

Many crimes only require general intent. Planning ahead to commit a crime sounds like premeditation, carefully weighing the pros and cons, which is only required for first degree murder. Other crimes require a specific intent to do that crime but it does not require a plan or a scheme. Planning to... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: f i have absconded from arizona on a probation violation will i be extridited back even with the corona virus spreading

or can I handle it over the phone from here

Marc Grano
Marc Grano answered on Oct 19, 2020

The general rule is that when a warrant is issued it will be designated as extraditable or non-extraditable. When a non-extraditable warrant is issued, it generally means that if the individual is arrested in the state where it was issued, police will arrest him. However, if the person is found... Read more »

1 Answer | Asked in Criminal Law and Wrongful Death for New Mexico on
Q: Firstdegreemurder (wilful& deliberate) 30-2-1(A)(1)FC and.30-31-23(A)&(F) possession of a controlled substance F4

But it was an accidental shooting is there anyway of helping this person receive a more lenient sentence?

Stephen Aarons
Stephen Aarons answered on Oct 19, 2020

Yes, hiring an experienced defense lawyer to take this to trial. First degree murder carries a minimum of 30 years with no good time, and even after 30 years very few convicted murderers ever get released on parole. By contrast, an accidental shooting with a firearm enhancement carries one to seven... Read more »

1 Answer | Asked in Employment Law for New Mexico on
Q: My employers check bounced, 2 years after she said she would resend i haven’t been paid. Can I file a lawsuit?

We had a verbal agreement that I would clean her house and she would pay me, in which she wrote me a check. The bank later sent me a letter in which the check had bounced. I contacted promptly, again almost 1 month after, and once more months afteR. Every time she said she would resend it but I... Read more »

Alex Sliheet
Alex Sliheet answered on Oct 14, 2020

Sure you can file a lawsuit assuming the statute of limitations has not run.

But the type of lawsuit you would file depends on whether you actually are an employee or an independent contractor. What you and the lady subjectively decided does not determine the issue.

If your...
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1 Answer | Asked in DUI / DWI for New Mexico on
Q: Post dwi I am told I need to have an iid for a year. True or false and does Santa fe have any indigent help?

If so please offer me contact information in regards to offsetting the cost of a interlock in Santa fe NM.

Stephen Aarons
Stephen Aarons answered on Oct 11, 2020

Yes, both the NM Motor Vehicle Division MVD and state statutes upon conviction in Metro, Muni or Magistrate Court, require a Breath Analysis Ignition Interlock Device BAIID or Interlock for one year for first offenders, two years for second offenders. I am not aware of any reduction in fees, around... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: magistrate case file is destroyed (transcript) before district court case has started can district case be dismissed
Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

You need to ask your criminal defense attorney. If the case was indicted by grand jury, in all likelihood the destruction of the electronic file in magistrate court is harmless. If there was a preliminary hearing, there is a good chance they will have to do another one if the recording of the first... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: my son is on probation for 4 public affrays and has two new charges they arrested him for plus a violation how do i get

him out of jail at the arraignment ?

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

Hire a lawyer? The judge is probably tired of seeing your son again and again.

1 Answer | Asked in Criminal Law for New Mexico on
Q: My kid was accused of taking a sign out of someone else's yard and they grabbed them and kept them waited for the cops

My child whose 14 in my other child whose 13 was accused of pulling a sign out of a yard and the owners grabbed him and held them until the cops came

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

What is your question? He will probably go with you the the Juvenile Probation Office for an assessment. They are not your adversaries but just trying to get a handle on family stability, school attendance and grades, drug use. If neither of your sons has a juvenile record, I would guess they will... Read more »

1 Answer | Asked in Criminal Law and Libel & Slander for New Mexico on
Q: I was a accused of as sex offender and I never knew I was registered without my knowledge Or told .

I was found not guilty by jury. In the past five years I believe. I've probably gone through numerous background checks I don't know why I didn't get the jobs and for some reason today 9/15/20 I ran a sex offender check and my address the name is a little different but same family .... Read more »

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

You can get your record expunged from the district court in the county where this happened.

1 Answer | Asked in Criminal Law for New Mexico on
Q: I am from New Mexico, my father an I got into a altercation an he pressed charges on me but I have never been in trouble

As a juvenile or a adult till now . What would be the consequences?

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

you will likely get no jail time unless there were injuries. You will need to complete an assessment and anger management or domestic violence prevention classes.

1 Answer | Asked in Criminal Law for New Mexico on
Q: What information is required on a New Mexico criminal complaint?

I have been charged with failure to report a change in living arrangements under SORNA in Luna County, NM. The criminal complaint has no information regarding the event that triggered the charge. It only states the requirement to report. I have no clue what change I allegedly did not report and no... Read more »

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

The complaint is often barebones but there will be an affidavit in support of arrest warrant and police reports and your attorney can request all discovery and interview the prosecution witnesses. Absolutely you have the right to get all of the documents and read them.

1 Answer | Asked in Criminal Law for New Mexico on
Q: My boyfriend is on probation. The cops came and raided his father's house. They found a gun inside my jeep.

I told the police it was my gun. So not in his possession or inside his home. They charged him with felon in possession of firearm. Is there anything I can do so that charge doesnt stick? It was in my vehicle. Not in his.

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

(1) Hire a lawyer for your bf or apply for a public defender if he cannot afford a private lawyer

(2) Get an email or letter from you to his new lawyer explaining that the gun was yours. Give the lawyer copies of the title and registration and insurance of the Jeep to you, not him. Also get...
Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: How hard is it to fire a court appointed federal public defender?

My boyfriend and I feel that his current attorney does not have my boyfriend's best interest at heart. He doesn't seem very engaged in the case and was even agreeing somewhat with the procecuter during arraignment. He also doesn't seem to any strategy for the case so far. Would it be... Read more »

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

Our Federal Public Defenders and Criminal Justice Act (CJA) attorneys are among the best in the business, under-appreciated and overworked by qvery good, Wolfe. Usually when a defendant or his friends/family want a new lawyer, the problem is not the lawyer but the client having unreasonable... Read more »

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