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..
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
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
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
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.
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
In New Mexico, as in many states, a person can be found guilty of first-degree murder even if they did not physically commit the act, if they were an accomplice or played a significant role in the planning or execution of the crime. This is known as "felony murder" or "accomplice...View More
No. The police cannot search you without a search warrant, an arrest, a police detention or an emergency situation being present. In addition, the police cannot search you without probable cause to believe that you committed a crime or have evidence of a crime on your person. This right to be free...View More
No, you do not have to consent to a police search if there is no police search warrant, no arrest, no police detention or no emergency situation present. The police must first obtain your consent to their search in all those situations in order for their search to be legal. However you may always...View More
I was charged arrested with possession of a controlled substance. Hired a attorney got my charges dismissed. The overdose statue 30-31-27.1. Can I sue police dept for search warrant charges arrest. Because this should of never happend.
If the actions of the police department violated the protections afforded to you under statute 30-31-27.1 or any other law, you may have grounds to bring a civil action against the department. The mentioned statute provides immunity from arrest, charge, and prosecution for individuals seeking...View More
In New Mexico, if you have Power of Attorney (POA) over your incarcerated fiancé, it might grant you access to certain information about his well-being and medical status, depending on the specifics of the POA document. You should start by contacting the facility where he is incarcerated and...View More
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
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
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.
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
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.
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
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
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.
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.
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