Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New Mexico Criminal Law Questions & Answers
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

View More Answers

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
Nate Crowley pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Divorce, Bankruptcy, Criminal Law and Real Estate Law for New Mexico on
Q: If my husband had property before he went to prison, we are getting divorced now, is the property separate or community?
Timothy Denison
Timothy Denison
answered on Oct 1, 2024

It is likely separate property if acquired before marriage.

View More Answers

1 Answer | Asked in Criminal Law, Employment Law and Constitutional Law for New Mexico on
Q: If used a diploma not knowing it was fake or acreitdale what can I do or what does that consist of?

Just found out my diploma is fake after 15 years the so called school I got it from no longer exgist I did this threw mail now I in fear of legal troubles

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2024

It can be very stressful to discover that a diploma you’ve relied on is not legitimate, especially after so many years. The first thing you should do is stay calm and gather as much information as possible about the situation. Find any documentation, correspondence, or other details you have... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for New Mexico on
Q: Should I be able to get a dismissal with everything this cop did in order to impound my car?

A cop turned his lights on behind me whil I was parked off the road with car trouble. He ran my plate,&my tags,insurance: said both were both suspended. I told him my tags were suspended but insurance was valid& active as I had gotten it four days prior. I had been on my way to get my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2024

Based on what you’ve described, there may be grounds to challenge the actions of the officer and the legality of the search and seizure of your vehicle. After issuing the citations, the officer generally shouldn't continue to question you unless there is reasonable suspicion of another... View More

1 Answer | Asked in Intellectual Property, Criminal Law, Civil Rights and Small Claims for New Mexico on
Q: Wa u of cop dosent give all of your property back in new mexico after case is dismissed
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024

If the police in New Mexico do not return your property after your case is dismissed, you have several options to pursue. First, request the return of your property in writing, ensuring you keep copies of all correspondence. This creates a record of your efforts to reclaim your belongings.... View More

1 Answer | Asked in Criminal Law, Civil Rights and White Collar Crime for New Mexico on
Q: My conditional discharge is pending his long until it is out of pending status
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2024

I apologize, but the phrasing of your question is still a bit unclear, making it difficult for me to provide a precise answer. It seems like there may be some missing words or context.

When a conditional discharge is granted, the court typically sets a probationary period during which the...
View More

1 Answer | Asked in Wrongful Death and Criminal Law for New Mexico on
Q: Can a first-degree murder in Farmington, New Mexico get out and bomb Even if she don’t pull the trigger
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

In New Mexico, as in many states, a person can be found guilty of first-degree murder even if they did not physically commit the act, if they were an accomplice or played a significant role in the planning or execution of the crime. This is known as "felony murder" or "accomplice... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: Do I have to consent to being searched just because someone accused me of taking his things?

This happened with the drunk person sitting next to me on an airplane, he threatened to beat me up when he lost his things accusing me and getting police called to the plane

Paul Gerhard Hanson III
Paul Gerhard Hanson III
answered on Nov 1, 2023

No. The police cannot search you without a search warrant, an arrest, a police detention or an emergency situation being present. In addition, the police cannot search you without probable cause to believe that you committed a crime or have evidence of a crime on your person. This right to be free... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.