Ordinarily, no. The conviction is the conviction. Perhaps, if the result on appeal is a vacating of the conviction, then maybe you are at square one--but the double jeopardy clause can perhaps be applied in that scenario.
A person may choose not to cooperate with a case once a person is charged with a crime. However, a husband not wanting to press charges doesn't necessarily mean the case goes away. The prosecutor may have enough evidence to proceed without the husband's cooperation. Whether she goes to...Read more »
Associating with a felon is not a crime, but it is probably a condition of your probation that you not associate with a felon. It is possible that you could talk your probation officer into allowing the association. Or hope s/he never finds out and types up a probation violation.
Sadly, his odds are close to zero. Family are the people who suffer the most when someone is convicted and sent to jail. Right or wrong, the court system does not release inmates, certainly not those servicing consecutive life sentences, because their families have serious needs. You need to adjust...Read more »
We're waiting to see if be picked up extra charges in new mexico during the arrest. I would like to know either with or without new charges if he can serve the time in new mexico instead of being extradited. And/ or if he can do his probation in new mexico
Friend obtained a 5th wheel through purchase 5,000$ some time after transaction became aware it was stolen is there a certain time limit where it would no longer be considered stolen property or be considered a criminal act to have possession of such?
It wasnt receiving stolen property when you bought it, but it became a crime sometime thereafter whenever you became aware. There may be a statute of limitations several years down the road. If you know the rightful owner, why not see if you can get some of your money back and return it.
No where on the warrant does it state the items to be searched for. They found bullets in the trailer and proceed outside to his truck and found a gun in it. The gun belonged to my other sister. They did not take him to jail and months later they sent him paperwork to reclaim the gun. Is this... Read more »
First, whether the search warrant was overly broad. Possibly. His federal public defender can best assess the application and warrant. Whether looking in the truck was even authorized by the warrant. Possible suppression issue, yes.
Second, whether a delay of less than one year between...Read more »
The short answer is "no." A deferred sentence is considered a conviction and under federal law you are barred for life from possessing firearms or ammunition. There is one loophole however. If you petition the New Mexico state district court for an expungement of your conviction, and the...Read more »
It depends on whether the attempt was residential or commercial burglary. Attempts lower the crime one degree so third degree residential burglary is of course a third degree felony carrying 0-36 months (3 years) in prison while attempted residential burglary is a fourth degree felony carrying 0-18...Read more »
No. Federal law bans possession of a firearm for life if convicted of a felony. There is a loophole however. The feds will not consider you a felon if you get your conviction expunged by the state. Depending on the name of the crime you were convicted of (sex offenders and those convicted of DUI or...Read more »
My plea agreement in Arizona provided that upon successful completion of probation my sex offender registration would be terminated. I completed probation and the Arizona Judge ordered termination accordingly. While on probation I moved to and work in New Mexico. New Mexico is refusing to terminate... Read more »
Walmart has a new service where in which you can scan items and pay by phone. He was also buying a few things for me. When the loss prevention officers approached me he fled because he is not a US citizen and is not willing to come forward and show how he had purchased his items in this way
I have one case pending in Magistrate Court the judge instructed me on the case that has not yet been brought before her Court where do I stand that case is also assault with a deadly weapon but she instructed me to stay away from the place that has not yet been brought before her why is this and... Read more »
It is standard procedure for the judge to order the defendant to stay away from wherever this happened. That includes staying away from one's own home when there is an allegation of assault on a household member. Judge Sena probably let you out of jail before the file was prepared on Monday by...Read more »
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