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... Read 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... Read 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... Read 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.
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... Read 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... Read 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... 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
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... Read 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... Read 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... Read 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... Read more »
And what should I do if I have proof of someone assaulting me, calling me racist names, and destruction of private property?
answered on Jan 13, 2021
you can go to the court and petition for a protective order. If s/he does it after the restraining order is granted, the police will arrest on the spot.
answered on Jan 13, 2021
very difficult to set aside a plea of guilty if it was knowing and voluntary.
answered on Jan 13, 2021
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 »
answered on Jan 13, 2021
Each state is different. In New Mexico, sex offender registration is required for life regardless of what Arizona law. The only recourse is to move to a state where you do not have to register.
Can it still be forgery if no attempt to transfer any funds or cash the check?
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