New Mexico Criminal Law Questions & Answers

Q: Explain

1 Answer | Asked in Bankruptcy and Criminal Law for New Mexico on
Answered on Dec 29, 2018
Timothy Denison's answer
Defendant tested positive for meth and has failed to comply with pretrial services...didn’t report. Remand 24 hours, release with Pretrial services contempt offense. Reset for pretrial conference in approximately three weeks. Defendants presence required.

Q: My friend is facing 10yrs Mandatory Miminum for conspiracy to traffic meth.What price range for a lawyer?

1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Answered on Nov 7, 2018
Stephen Aarons' answer
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 excellent lawyers in spite of being overworked

Q: Is it a class 6 felony in NM to take a teenagers cell phone which is paid for by the parent away?

1 Answer | Asked in Criminal Law for New Mexico on
Answered on Feb 18, 2018
Cheryl Powell's answer
You asked this q in il. We hace no idea what nm laws r and there are no class 6 felonies in this state.

Q: Our car was stolen for a week, wrecked into a business and police caught a guy. Can we sue him for damages?

1 Answer | Asked in Car Accidents, Civil Rights, Criminal Law and Federal Crimes for New Mexico on
Answered on Feb 14, 2018
Peter Munsing's answer
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.

Q: I got a ticket for speeding in New Mexico but the information of the car is all wrong what can I do can I fight it?

1 Answer | Asked in Criminal Law and Traffic Tickets for New Mexico on
Answered on Feb 4, 2018
Grant St Julian III's answer
You will have to contact an attorney in New Mexico, but the make, mode and year of the car are not elements of a speeding offense. Therefore, any mistakes about such information will generally not cause dismissal of the citation.

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

1 Answer | Asked in Criminal Law, Family Law, Federal Crimes and Personal Injury for New Mexico on
Answered on Dec 19, 2017
Peter Munsing's answer
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.

Q: What is a reasonable plea deal for a first time offender of 30-3-15 battery against a household member

1 Answer | Asked in Criminal Law and Domestic Violence for New Mexico on
Answered on Nov 30, 2017
Marshall Jason Ray's answer
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). You should discuss these issues with your lawyer.

Q: How long do you have to serve do the code 31-21-15

1 Answer | Asked in Criminal Law for New Mexico on
Answered on Sep 27, 2017
Stephen Aarons' answer
NMSA 31-21-15 deals with probation violations. If the judge finds by clear and convincing evidence that the probationer did violate the terms of his probation, the judge may decide not to impose additional time and release the defendant on time served. If the violation is serious, the judge may impose the entire sentence from the original conviction less whatever time has already been spent in jail, prison or probation. So if the original sentence was five years in prison with four years...

Q: I was subpoenaed to testify against my boyfriend in his probation revocation.

1 Answer | Asked in Criminal Law for New Mexico on
Answered on Sep 27, 2017
Stephen Aarons' answer
No, the 5th AMendment only allows you to remain silent if your answer could cause you to be prosecuted. Because you were not married at the time, there is not spousal privilege. You must appear for the subpoena and testify truthfully.

Q: Can a Magistrate Judge be replaced by United States District judge

1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Answered on Sep 27, 2017
Stephen Aarons' answer
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 a flight risk during the pendency of the case.

Q: My gf was arrested for battery and domestic i didnt press charges how long will she be in county

1 Answer | Asked in Criminal Law and Domestic Violence for New Mexico on
Answered on Sep 27, 2017
Stephen Aarons' answer
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 the case. As the alleged victim, you can contact the Victims Advocate at the district attorney office where your girlfriend's case is being prosecuted. Although you cannot force them to drop the charges, the fact that...

Q: how can I get a copy of j&s

1 Answer | Asked in Criminal Law for New Mexico on
Answered on Sep 27, 2017
Stephen Aarons' answer
The Judgment & Sentence is a public record and anyone is entitled to a copy at a nominal price of about 25-50 cents per page. The best way to obtain a copy is to go the the criminal court clerk where the J&S was issued. Before the clerks can print out a copy for you, they will need the name of the defendant and perhaps the case number. You can google "new mexico case lookup" and track down the case number and also the county where the case was prosecuted.

Q: If I was facing a charge and it got dismissed..then a month later charged with the same charge..what should I do?

1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Answered on Sep 27, 2017
Stephen Aarons' answer
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 happens in one of two ways. First, the prosecutor must wait for more evidence before proceeding forward with the case such as a DUI case in which there is not breathalyzer result and the prosecutor must...

Q: Does hear say from a 6 year old girl from a audio recording from another agencys interview provide evidence 4 warrent

1 Answer | Asked in Criminal Law for New Mexico on
Answered on Jul 12, 2017
Brian Scott Winkler's answer
Well, generally I would say no! However, the word "another agency" is a little ambiguous. If it means another law enforcement agency that made a pretext phone call, then maybe, because I have seen that happen. I have filed similar motions to quash and still based many times, on the serious nature of allegations of the statements, although it should be irrelevant, many judges will still allow in or a portion threreof!

Q: I have a man who has threatened to email my boss in hopes of getting me fired on top of saying suggestive content

1 Answer | Asked in Criminal Law, Communications Law, Federal Crimes and Libel & Slander for New Mexico on
Answered on Apr 23, 2017
Glenn B. Manishin's answer
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.

Q: if i was arrested for a crime and taken to jail but was never booked in and posted bail 6days later can i file charges?

1 Answer | Asked in Criminal Law, Civil Rights and Personal Injury for New Mexico on
Answered on Mar 31, 2017
Peter Munsing's answer
Not kidnapping but possible civil rights. Contact the NMex Civil Liberties Union. Ask for one of their "cooperating attorneys" who handles "police misconduct" situations.

Q: I'm looking into starting an app for sports betting. What is the current legality and what are some loopholes?

1 Answer | Asked in Criminal Law, Federal Crimes, Gaming and White Collar Crime for New Mexico on
Answered on Mar 25, 2017
Robert Donald Gifford II's answer
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.

Q: I put in appeal and was wondering if it goes with the judge that sentenced you or does it go to the appeals court

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New Mexico on
Answered on Feb 10, 2017
Glenn B. Manishin's answer
If the sentencing judge was on a New Mexico district court, your appeal can only be taken to the N.M. Court of Appeals. Their "self-help" guide is at http://www.nmcourts.gov/Self-Help/self-help-guide.aspx, but I would strongly recommend hiring an appellate lawyer in New Mexico to represent you.

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