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New Mexico Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Mexico on
Q: false imprisonment and battery but was wrongly charged for it how would I go about fighting it
Maxwell Pines
Maxwell Pines
answered on Dec 21, 2024

False imprisonment in New Mexico is a serious crime because it is a felony. A case involving false imprisonment and battery often comes down to an analysis of how credible and consistent the alleged victim has been. The defendant will want to figure out if there are any defense witnesses available,... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: Can I email a district court judge and ask him to please set a court date and quash a warrant.

Warrant issued because the attorney or his office never contacted me letting me know nothing I have proof I notified his office on numerous occasions with not so much as a phone call back

Maxwell Pines
Maxwell Pines
answered on Dec 21, 2024

Hello. I am sorry that you were neglected by your attorney. You deserve more communication and better service from a lawyer. The answer to your question certainly depends on the severity and seriousness of the charge in question. I have seen, for example, cases where the defendant would try to... View More

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

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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
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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...
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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
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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
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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
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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...
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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
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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
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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
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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...
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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
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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
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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
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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

1 Answer | Asked in Criminal Law, Civil Rights and Civil Litigation for New Mexico on
Q: Received a threat via text message, worried about safety.

I received a text message from someone who said they were going to "pull up and shoot me," which I consider a threat. We have had problems before, but I thought our issues were resolved until now. This is the second time she has threatened me, and I have witnesses to the threats.

James L. Arrasmith
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answered on Mar 24, 2025

This is an extremely serious situation that requires immediate attention. Threats of violence, especially those specifically mentioning shooting, should never be taken lightly. You should contact local law enforcement right away to report these threats and provide them with copies of the text... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Civil Rights for New Mexico on
Q: Seeking options for appealing my daughter's 9-year sentence due to pressured plea deal and medical conditions.

My daughter has been serving a 9-year sentence, with an additional 9 years suspended, despite her medical conditions. In 2022, she felt pressured to sign a plea deal by a new public defender, who threatened a 40-year sentence if she went to trial. Due to government shutdowns and her health issues,... View More

James L. Arrasmith
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answered on Mar 24, 2025

I understand the difficulty you're facing with your daughter's situation. While appeals after plea deals can be challenging, there may still be options worth exploring based on the circumstances you've described.

Post-conviction relief might be possible through a habeas...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Legal Malpractice and Civil Rights for New Mexico on
Q: Concerns about lack of evidence in husband's aggravated charges and plea agreement.

My husband, who has been in jail for four years, took a plea agreement after being charged with aggravated battery with a deadly weapon on a police officer, aggravated DWI, and aggravated fleeing. He maintains he was a passenger, not the driver. The public defender pressured him to accept a plea by... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation sounds incredibly frustrating and concerning. When someone accepts a plea without seeing evidence or discovery materials, and under pressure about facing a life sentence, this raises serious questions about effective representation. The fact that your husband maintained he... View More

1 Answer | Asked in Criminal Law, Civil Rights and Traffic Tickets for New Mexico on
Q: Was my vehicle's towing justified after a driveway stop and impoundment in NM?

I was pulled over in my own driveway due to expired registration and then arrested because of a warrant for failure to appear on a traffic violation. Despite my objection, a K9 unit performed a free air sniff on my vehicle. Although the K9 alerted, the officer did not conduct the search until after... View More

James L. Arrasmith
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answered on Mar 24, 2025

The legality of towing your vehicle from your own driveway involves several factors worth examining. While officers can typically impound vehicles following arrests when there's no one else to drive them, the fact this occurred on your private property raises important questions about whether... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Employment Law and Traffic Tickets for New Mexico on
Q: MVD does not value magistrate dismissal forms or follow their guidelines in a revokasion 4r 2 years. What 2 do?

They enforcing a violation without probable cause or a citation or criminal code to go on. I might have legal aid but need relief of 3 impounds for civil rights violations and placed the breathalyzer 3 times with monthly fees to something u existing.

Karlos Ulibarri
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answered on Feb 5, 2025

I apologize but I do not understand the question you are asking.

Please restate and send in your question again.

Thank you

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