What can I do as a owner
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answered on Aug 29, 2023
As the owner of a motel in New Mexico, if an individual has unlawfully entered one of your rooms, has not checked in or paid, and is refusing to leave, you have several courses of action available. First, contact local law enforcement to report the incident of trespassing and unauthorized... View More 
Are they reliable to get on stand and testify in a domestic violence case?
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answered on Aug 28, 2023
People with mental illness can provide testimony in a domestic violence case, just like any other witness. However, the reliability of their testimony may be influenced by the nature and severity of their mental illness. Courts generally consider a variety of factors when evaluating the credibility... View More
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answered on Jul 25, 2023
If you plead the fifth amendment right against self-incrimination, the police officer should respect that right and not coerce or force you to provide incriminating statements. It is your constitutional right to remain silent and not answer any questions that may incriminate you.
If the... View More
He's been out of trouble for over 5 years now & only fell asleep at a gas station to rest so he wouldn't endanger anyone else's life while driving
answered on Apr 10, 2023
The statute that covers the New Mexico state crime commonly called felon in possession is 30-7-16: firearms or destructive devices; receipt, transportation or possession by certain persons. That charge is a 3rd degree felony which carries a basic sentence of up to 3 years incarceration. There is a... View More
answered on Apr 6, 2023
Every case is unique and requires thorough investigation and research. Typically, a stolen vehicle case is charged as either unlawful taking of a vehicle or motor vehicle (30-16D-1) or receiving or transferring stolen vehicles or motor vehicles (30-16D-4). Both charges are 4th degree felonies in... View More
Shouldn't it be the initial officer that stops the individual who tickets and arrest that person. The initial officer pulled Person over for a head light being out. Other officer shows up and tells the initial officer to leave that he gots this.
answered on Apr 6, 2023
Typically, the stopping officer is the officer that issues a citation. However, there are circumstances where an officer can take over an investigation for reasons unrelated to the incident i.e. going off of shift or needed on another call. You should contact a lawyer to review your citation and... View More
answered on Aug 10, 2022
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.
What, if anything, can be done if a victim/witness lied in a court hearing and also during a jury trial? I know this person lied because I know the truth of the matter. I would like to be able to talk to talk to someone or tell someone the truth but I don’t know how to go about it. The prosecutor... View More
answered on Jun 29, 2023
There are two ways in which to address this. The first and best way is in the trial present evidence of the lie. The other method is a complaint to the DA for perjury.
The officer failed to hit his lights and sirens for the whole chase up until the last 5 -10 seconds. Can my fiance fight this, how were we to know it was a police officer if he didn't follow protocol
answered on Jun 9, 2023
This sounds like excellent evidence to present at your trial after a not guilty plea. This case arises under traffic ticket law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.
Who wants to help me Sue the mental hospital that allowed one of their employees to beat me pro bono
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answered on Sep 10, 2022
I cannot help you as I am only licensed in California, but a lot of attorneys take cases on a contingency fee basis, which means that you only pay legal fees when you win.
She was on probation for same thing when this happened
answered on Feb 9, 2022
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... View More
All charges was non violent including domestic violence
answered on Mar 26, 2021
Good and bad news. The bad: federal law makes it illegal for your lifetime to possess a firearm or ammunition with penalties ranging from 5-10 years in prison. Lifetime ban.
Good news: New Mexico enacted an expungement statute last year and you should be eligible if you have had no criminal... View More
I've been dating this felon prior to becoming a felon myself
answered on Mar 23, 2021
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.
Consecutive life’s I feel like they will not let him but I’m willing to write parole when he is up to be tabled again
answered on Mar 8, 2021
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... View 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
answered on Mar 7, 2021
No. He will be extradited back to Minnesota and serve his time there.
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?
answered on Mar 2, 2021
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.
Girlfriend is 9 years and 11 months older than boy. Can someone besides parents bring charges against her?
answered on Feb 13, 2021
16 is the age of consent so she should be OK as to criminal sexual penetration. She could get charged with contributing to the delinquency of a minor if she gets him alcohol or drugs however.
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... View More
answered on Feb 5, 2021
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... View More
answered on Jan 27, 2021
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... View More
If the victim signs an afidavit of non prosecution does the person get released??
answered on Jan 17, 2021
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... View More
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