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New Mexico Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Mexico on
Q: A friend of mine got shot an didn't make it the police went out to the cousins house took his cell phone

An him to the station for questioning

Gary Kollin
Gary Kollin answered on Oct 27, 2019

No question. Thank you for sharing. Try rewriting with real words and single, not run on, sentences

1 Answer | Asked in Criminal Law for New Mexico on
Q: I was arrested in September and released In October, but today I found out I have a bond arraignment in November

I don’t know what this means

Gary Kollin
Gary Kollin answered on Oct 22, 2019

It is amazing what you can find on google

https://criminal.findlaw.com/criminal-procedure/arraignment.html

1 Answer | Asked in Criminal Law for New Mexico on
Q: I was charged with 30-31-23 (a) & (e) for having 5 grams of meth in my car but the courts said it's a mistermeanr

I thought that charge was a 4 th degree felony?

Marc Grano
Marc Grano answered on Oct 17, 2019

Possession of a Controlled Substance (Meth), pursuant to NMSA 1978, Section 30-31-23 (A) and (E) is a fourth degree felony. A fourth degree felony is punishable by a maximum of eighteen months in prison and/or $5,000.00 fine. However, a person facing this charge MAY qualify for twelve month... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for New Mexico on
Q: What is the maximum time a state can carry a detainer on an individual that has been incarcerated in another state?

Detainer is 13 yrs old and IAD violated 4 times.

Gary Kollin
Gary Kollin answered on Oct 9, 2019

Asking the same question more than once?

1 Answer | Asked in Criminal Law for New Mexico on
Q: How long can NM carry a detainer on someone federally incarcerated? It’s been 13 years and they won’t lift detainer.

They have violated IAD 4 times.

Gary Kollin
Gary Kollin answered on Oct 9, 2019

File for a speedy trial pursuant to the IAD

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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.

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