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New Mexico Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for New Mexico on

Q: Can i ask da what witness/victim said against me? If so do they have to answer truthfully?

Marc Grano answered on Sep 10, 2019

In both District and Magistrate court, the defendant has a right to complete discovery which includes all statements. In addition, the defendant has a right to complete a witness interview of the state's witnesses prior to trial. Good luck.

1 Answer | Asked in Criminal Law for New Mexico on

Q: Is getting pulled over by an officer for the 1rst time without cause other then knowing my liecense were suspended

The officer also said he and every other police are to pull me over when i move my car and laughed when saying he personally will have it impounded

Gary Kollin answered on Aug 14, 2019

You are driving on a suspended license. That is cause

1 Answer | Asked in Criminal Law for New Mexico on

Q: Can I get breaking and entering charge

There was no posted no trespassing signs there was a house no door full of trash I didn't go in just walked around the property looking at everything there was a gate but it wasn't locked the gate was wide open

William Jaksa answered on Jul 29, 2019

Technically speaking it doesn't matter if a door is locked or even if it's wide open to be charged with B&E. The act of opening an unlocked door can be enough to be considered breaking & entering. It depends on your intentions. If your intentions were just exploring the property, and there was no... 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 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...
Read more »

1 Answer | Asked in Criminal Law for New Mexico on

Q: Should I plead guilty or not guilty for selling to alcohol to a minor in the state of New Mexico?

About a month ago my convenience store was put under a sting for selling alcohol to minors, and I was cited for selling to one. I asked the person for her ID and put in the date into the register and it kicked back that the date entered was not valid. I tried several times to put in the date... Read more »

Carlos N. Martinez answered on Feb 18, 2019

You should never plead guilty, nor should you ever talk to the police without a lawyer present. You should also never put something like the above, seeming to admit guilt, in the public realm where a district attorney could find it.

1 Answer | Asked in Criminal Law for New Mexico on

Q: I tried using one counterfeited $20 and possession of one thc cartridge. What does it look like for me???

I just need advice and now I'm 18 years old.

Carlos N. Martinez answered on Feb 7, 2019

First off, you need to stop posting any sort of incriminating statements on an online forum. Really is going to come down to intent and knowledge of the $20. As to the THC cartridge, depends. Do you have a medical card? Is it expired? If you were in Albuquerque or Santa Fe, possession of up to an... Read more »

1 Answer | Asked in Criminal Law for New Mexico on

Q: Im on probation and just got a battery charge on a false accusation how do o go about this

Gary Kollin answered on Jan 2, 2019

Hire a lawyer

1 Answer | Asked in Bankruptcy and Criminal Law for New Mexico on

Q: Explain

DEF TESTED POS FOR METH AND HAD FTC WITH PTS DIDN'T REPORT. REMAND 24 HR WITH RELEAE WITH PTS SPEC CT OFF. RESET FOR PTC IN APP 3 WKS. DEF PRES REQUIRED

Timothy Denison answered on Dec 29, 2018

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.

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 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 »

1 Answer | Asked in Criminal Law and Domestic Violence for New Mexico on

Q: Before entering a courtroom a family member on the plaintiffs side made a finger gun gesture is that intimidation?

Gary Kollin answered on Jul 19, 2018

You should report this to your attorney

1 Answer | Asked in Criminal Law for New Mexico on

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

Cheryl Powell answered on Feb 18, 2018

You asked this q in il. We hace no idea what nm laws r and there are no class 6 felonies in this state.

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 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 and Traffic Tickets for New Mexico on

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?

I was just visiting in New Mexico I live in Dallas what can I do

Grant St Julian III answered on Feb 4, 2018

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.

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 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 Domestic Violence for New Mexico on

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

Marshall Jason Ray answered on Nov 30, 2017

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... Read more »

1 Answer | Asked in Criminal Law for New Mexico on

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

Stephen Aarons answered on Sep 27, 2017

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... Read more »

1 Answer | Asked in Criminal Law for New Mexico on

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

Can I use the 5th amendment to be cleared from having to testify? We have been together for 5 years and have a child together.

Stephen Aarons answered on Sep 27, 2017

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.

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 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 Domestic Violence for New Mexico on

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

Stephen Aarons answered on Sep 27, 2017

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... Read more »

1 Answer | Asked in Criminal Law for New Mexico on

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

Stephen Aarons answered on Sep 27, 2017

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... Read more »

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