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New Mexico Criminal Law Questions & Answers

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 »

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

Q: If I was facing a charge and it got dismissed..then a month later charged with the same charge..what should I do?

Stephen Aarons answered on Sep 27, 2017

You need to hire an attorney or, if you cannot afford one, apply for the services of a free attorney at the Law Office of the Public Defender. Often when a charge gets dismissed, it is dismissed "without prejudice" which means the prosecutor can refile it. This dismissal and refiling usually... Read more »

1 Answer | Asked in Criminal Law for New Mexico on

Q: Does hear say from a 6 year old girl from a audio recording from another agencys interview provide evidence 4 warrent

Brian Scott Winkler answered on Jul 12, 2017

Well, generally I would say no! However, the word "another agency" is a little ambiguous. If it means another law enforcement agency that made a pretext phone call, then maybe, because I have seen that happen. I have filed similar motions to quash and still based many times, on the serious nature... Read more »

1 Answer | Asked in Criminal Law, Communications Law, Federal Crimes and Libel & Slander for New Mexico on

Q: I have a man who has threatened to email my boss in hopes of getting me fired on top of saying suggestive content

Is this extortion? I need legal questions answered before I pursue any actions

Glenn B. Manishin answered on Apr 23, 2017

If he is an employee or officer of the company, you may have a civil claim for s x discrimination or sexual harassment. If not, there may be a crime involved, extortion being one of them, so make out a complaint to the applicable police dept.

1 Answer | Asked in Criminal Law, Civil Rights and Personal Injury for New Mexico on

Q: if i was arrested for a crime and taken to jail but was never booked in and posted bail 6days later can i file charges?

it took them 5 days to get me to arraignment then the judge set my bond at 5000 cash or assurity which i made bail and bonded out of a facility i was never booked in to. can i file charges against the facility for kidnapping and violating my due process rights?

Peter N. Munsing answered on Mar 31, 2017

Not kidnapping but possible civil rights. Contact the NMex Civil Liberties Union. Ask for one of their "cooperating attorneys" who handles "police misconduct" situations.

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