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New Mexico Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Mexico on
Q: If one has not had any felonies in over 15 years can one possess a fire arm

All charges was non violent including domestic violence

Stephen Aarons
Stephen Aarons 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...
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2 Answers | Asked in Criminal Law and Probate for New Mexico on
Q: I am on Felony probation, is association with a Felon a charge or just a violation in the state of New Mexico

I've been dating this felon prior to becoming a felon myself

Stephen Aarons
Stephen Aarons 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.

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1 Answer | Asked in Criminal Law for New Mexico on
Q: I’m David’s youngest son. I desperately want him home as I’m without anyone at all none nobody. What are his odds ?

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

Stephen Aarons
Stephen Aarons 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 »

2 Answers | Asked in Criminal Law for New Mexico on
Q: My boyfriend was just arrested in new mexico on a Minnesota probation violation warrant. Can he serve the time in N.M?

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

Stephen Aarons
Stephen Aarons answered on Mar 7, 2021

No. He will be extradited back to Minnesota and serve his time there.

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1 Answer | Asked in Criminal Law for New Mexico on
Q: Is there time limit where stolen 5th wheel trailer would no longer be considered a stolen property?

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?

Stephen Aarons
Stephen Aarons 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.

1 Answer | Asked in Criminal Law and Juvenile Law for New Mexico on
Q: New mexico, 16 y boy, 26 y old girl, consensual relationship. His parents approve. Is she breaking the law?

Girlfriend is 9 years and 11 months older than boy. Can someone besides parents bring charges against her?

Stephen Aarons
Stephen Aarons 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.

1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: My brother is a felon and they had a search and seizure warrant. The warrant states to search a trailer at the address

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 »

Stephen Aarons
Stephen Aarons 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...
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1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: Can my gun rights be restored after completion of deferred sentence..
Stephen Aarons
Stephen Aarons 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 »

1 Answer | Asked in Criminal Law for New Mexico on
Q: If someone is charged with burglary attempt and breaking and entering attempt whats the sentence carry

If the victim signs an afidavit of non prosecution does the person get released??

Stephen Aarons
Stephen Aarons 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 »

1 Answer | Asked in Civil Litigation, Criminal Law and Federal Crimes for New Mexico on
Q: What is the law on flag, if you have proof of someone throwing it on the ground?

And what should I do if I have proof of someone assaulting me, calling me racist names, and destruction of private property?

Stephen Aarons
Stephen Aarons 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.

1 Answer | Asked in Criminal Law for New Mexico on
Q: how do mi get my case reopened after ipleaded to it, Criminal trespass , i feel i was railroaded on the restitution
Stephen Aarons
Stephen Aarons answered on Jan 13, 2021

very difficult to set aside a plea of guilty if it was knowing and voluntary.

1 Answer | Asked in Criminal Law for New Mexico on
Q: Completed my probation in 2006. Its been 15 years since my release from probation. No new charges. Can I purchase a gun.
Stephen Aarons
Stephen Aarons 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 »

1 Answer | Asked in Criminal Law for New Mexico on
Q: Can non registered sex offenders be forced to register in New Mexico if they move there?

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 »

Stephen Aarons
Stephen Aarons 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.

1 Answer | Asked in Criminal Law for New Mexico on
Q: A person has a personal check made out to someone else but has not cashed or attempted transfer. Is this illegal?

Can it still be forgery if no attempt to transfer any funds or cash the check?

Stephen Aarons
Stephen Aarons answered on Jan 13, 2021

Best answer is to destroy or return the check.

1 Answer | Asked in Criminal Law for New Mexico on
Q: Once 10 years has passed since the end of my incarceration & probation period, is there anything I have to do or submit?

This is in reference to being able to legally own & possess a firearm.

Stephen Aarons
Stephen Aarons answered on Jan 13, 2021

The federal statute makes possession of a firearm or ammunition a lifetime ban until you petition the NM state district court for an expungement and the court grants your petition.

1 Answer | Asked in Criminal Law for New Mexico on
Q: I have been accused of violating section 30-16-20(b)(2) nmsa 1978 on October 9th, 2020. I was shopping with a gentlemen.

Walmart has a new service where in which you can scan items and pay by phone. He was also buying a few things for me. When the loss prevention officers approached me he fled because he is not a US citizen and is not willing to come forward and show how he had purchased his items in this way

Stephen Aarons
Stephen Aarons answered on Jan 13, 2021

You did not ask a question. You could plead not guilty, demand a trial and testify as to what happened. If you cannot afford an attorney the court will provide you one.

1 Answer | Asked in Criminal Law for New Mexico on
Q: I went to an arraignment and circuit court in Santa Fe New Mexico on a charge of assault with a deadly weapon I have one

I have one case pending in Magistrate Court the judge instructed me on the case that has not yet been brought before her Court where do I stand that case is also assault with a deadly weapon but she instructed me to stay away from the place that has not yet been brought before her why is this and... Read more »

Stephen Aarons
Stephen Aarons answered on Jan 3, 2021

It is standard procedure for the judge to order the defendant to stay away from wherever this happened. That includes staying away from one's own home when there is an allegation of assault on a household member. Judge Sena probably let you out of jail before the file was prepared on Monday by... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for New Mexico on
Q: My public defender isnt doing anything she hasnt even called me and she lied to the judge

I am charged with trafficking it is my first offense

Stephen Aarons
Stephen Aarons answered on Nov 24, 2020

You did not ask a question.

1 Answer | Asked in Criminal Law and Domestic Violence for New Mexico on
Q: what does a no hold bond mean?

if you did an outburst in court

Stephen Aarons
Stephen Aarons answered on Nov 14, 2020

A no bond hold means he sits in jail without any ability to post a bond for his release.

1 Answer | Asked in Criminal Law for New Mexico on
Q: Yes i am a 4 th felon it been almost 11 years i have not had any other convictions can i get my gun rights back
Stephen Aarons
Stephen Aarons answered on Nov 9, 2020

I am not an expert in firearms law but my understanding is that you are banned for life under federal law because of your 4th degree felony conviction. Some states may allow it but you run the risk of federal prosecution if stopped by, for example, a federal park ranger.

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