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New Mexico Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Mexico on
Q: If I completed my sentence and was granted a conditional discharge for a 4th degree felony, is my case dismissed?

Conviction date was 06/2015. I was sentenced to 1 year probation. I successfully completed probation in 06/2016. Does my attorney need to file for dismissal or is it automatically dismissed after 4 years?

Marc Grano
Marc Grano answered on Oct 23, 2020

There is usually an Order of Release on Conditional Discharge with is submitted by the probation officer and signed by the judge. That order closes the case and relieves the probation officer from continued supervision in the case. The record of adjudication will remain.

The only way to...
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1 Answer | Asked in Criminal Law for New Mexico on
Q: is scheming or planning essential elements of criminal intent in new mexico?
Stephen Aarons
Stephen Aarons answered on Oct 19, 2020

Many crimes only require general intent. Planning ahead to commit a crime sounds like premeditation, carefully weighing the pros and cons, which is only required for first degree murder. Other crimes require a specific intent to do that crime but it does not require a plan or a scheme. Planning to... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: f i have absconded from arizona on a probation violation will i be extridited back even with the corona virus spreading

or can I handle it over the phone from here

Marc Grano
Marc Grano answered on Oct 19, 2020

The general rule is that when a warrant is issued it will be designated as extraditable or non-extraditable. When a non-extraditable warrant is issued, it generally means that if the individual is arrested in the state where it was issued, police will arrest him. However, if the person is found... Read more »

1 Answer | Asked in Criminal Law and Wrongful Death for New Mexico on
Q: Firstdegreemurder (wilful& deliberate) 30-2-1(A)(1)FC and.30-31-23(A)&(F) possession of a controlled substance F4

But it was an accidental shooting is there anyway of helping this person receive a more lenient sentence?

Stephen Aarons
Stephen Aarons answered on Oct 19, 2020

Yes, hiring an experienced defense lawyer to take this to trial. First degree murder carries a minimum of 30 years with no good time, and even after 30 years very few convicted murderers ever get released on parole. By contrast, an accidental shooting with a firearm enhancement carries one to seven... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: magistrate case file is destroyed (transcript) before district court case has started can district case be dismissed
Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

You need to ask your criminal defense attorney. If the case was indicted by grand jury, in all likelihood the destruction of the electronic file in magistrate court is harmless. If there was a preliminary hearing, there is a good chance they will have to do another one if the recording of the first... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: my son is on probation for 4 public affrays and has two new charges they arrested him for plus a violation how do i get

him out of jail at the arraignment ?

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

Hire a lawyer? The judge is probably tired of seeing your son again and again.

1 Answer | Asked in Criminal Law for New Mexico on
Q: My kid was accused of taking a sign out of someone else's yard and they grabbed them and kept them waited for the cops

My child whose 14 in my other child whose 13 was accused of pulling a sign out of a yard and the owners grabbed him and held them until the cops came

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

What is your question? He will probably go with you the the Juvenile Probation Office for an assessment. They are not your adversaries but just trying to get a handle on family stability, school attendance and grades, drug use. If neither of your sons has a juvenile record, I would guess they will... Read more »

1 Answer | Asked in Criminal Law and Libel & Slander for New Mexico on
Q: I was a accused of as sex offender and I never knew I was registered without my knowledge Or told .

I was found not guilty by jury. In the past five years I believe. I've probably gone through numerous background checks I don't know why I didn't get the jobs and for some reason today 9/15/20 I ran a sex offender check and my address the name is a little different but same family .... Read more »

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

You can get your record expunged from the district court in the county where this happened.

1 Answer | Asked in Criminal Law for New Mexico on
Q: I am from New Mexico, my father an I got into a altercation an he pressed charges on me but I have never been in trouble

As a juvenile or a adult till now . What would be the consequences?

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

you will likely get no jail time unless there were injuries. You will need to complete an assessment and anger management or domestic violence prevention classes.

1 Answer | Asked in Criminal Law for New Mexico on
Q: What information is required on a New Mexico criminal complaint?

I have been charged with failure to report a change in living arrangements under SORNA in Luna County, NM. The criminal complaint has no information regarding the event that triggered the charge. It only states the requirement to report. I have no clue what change I allegedly did not report and no... Read more »

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

The complaint is often barebones but there will be an affidavit in support of arrest warrant and police reports and your attorney can request all discovery and interview the prosecution witnesses. Absolutely you have the right to get all of the documents and read them.

1 Answer | Asked in Criminal Law for New Mexico on
Q: My boyfriend is on probation. The cops came and raided his father's house. They found a gun inside my jeep.

I told the police it was my gun. So not in his possession or inside his home. They charged him with felon in possession of firearm. Is there anything I can do so that charge doesnt stick? It was in my vehicle. Not in his.

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

(1) Hire a lawyer for your bf or apply for a public defender if he cannot afford a private lawyer

(2) Get an email or letter from you to his new lawyer explaining that the gun was yours. Give the lawyer copies of the title and registration and insurance of the Jeep to you, not him. Also get...
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1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: How hard is it to fire a court appointed federal public defender?

My boyfriend and I feel that his current attorney does not have my boyfriend's best interest at heart. He doesn't seem very engaged in the case and was even agreeing somewhat with the procecuter during arraignment. He also doesn't seem to any strategy for the case so far. Would it be... Read more »

Stephen Aarons
Stephen Aarons answered on Oct 9, 2020

Our Federal Public Defenders and Criminal Justice Act (CJA) attorneys are among the best in the business, under-appreciated and overworked by qvery good, Wolfe. Usually when a defendant or his friends/family want a new lawyer, the problem is not the lawyer but the client having unreasonable... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: 15 Year old case

I was arrested 15 years ago. Las Vegas, Felon in Possession of a Firearm. I was bonded out. I absconded before my arraignment. Ive been pulled over in the state where I live and told I have an outstanding warrant in NV but they declined extradition. My mothers dying and I want to go home. When I... Read more »

Stephen Aarons
Stephen Aarons answered on Aug 16, 2020

The statute of limitation has not changed but, unfortunately, when you fled the jurisdiction you tolled the statute. Depending on how many prior felonies your attorney may be able to avoid imprisonment when you decide to face the charges. Or you can wait to be stopped on a traffic violation and get... Read more »

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1 Answer | Asked in Car Accidents and Criminal Law for New Mexico on
Q: Keying someone's car is coincided vandalism, what charges I'm I facing up against..
Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

If you were charged you would know. Generally, vandalism, malicious destruction of property would be two of them. There may be others.

2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for New Mexico on
Q: Hit by drunk driver, both vehicles totaled. Other driver charged with DUI and off to jail. Injuries, maybe long term.

We have her insurance info and filed a claim. Our insurance paid our vehicle off and offered us an extra almost $4500 (This does not replace the vehicle). We are still waiting, 6 days now for police report. We have lost work time, scared kids, no vehicle, and anguish to know end. We want to go... Read more »

Mark Caruso
Mark Caruso answered on Mar 29, 2020

I am so sorry to hear of your recent crash which was caused by a drunk driver. DWI's continue to be a real problem in our state. You can bring a personal injury claim against the driver and insurance company for all injuries suffered by you and your family. Each of you have an individual... Read more »

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1 Answer | Asked in Criminal Law for New Mexico on
Q: What is the maximum penalty in NM for attempting to elude and failure to comply to probation orders?
Marc Grano
Marc Grano answered on Mar 20, 2020

You will need to sit down and talk with an attorney to review, assess and advise on any specific case. He/she would need to review the specifics of the plea agreement that placed the person on probation as well as the specifics of any new allegations. The attorney would also need to know the... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: Is there a statue of limitations on probation violations in New Mexico.

If someone violates their probation, and it's not caught until after the probation period is over can they court issue a warrant or is there a statue of limitation on that?

Marc Grano
Marc Grano answered on Mar 4, 2020

I would recommend that you talk directly to an attorney who can review and assess the specifics of the case. I will offer a very generic answer given the following assumed facts:

1. In New Mexico State court

2. The probationer is an adult

3. The probationary period...
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1 Answer | Asked in Criminal Law for New Mexico on
Q: I have a standing criminal pretrial order that was filed march 3 2017. And idk what it is or why

I didnt get into any trouble in 2017

I have a feeling that I'm getting railroaded

Marc Grano
Marc Grano answered on Jan 25, 2020

I do not believe there is a way to answer your question without actually reviewed your specific order. In general, a pretrial order establishes deadlines for discovery, motions, interviews (if in state court), plea deadlines and other deadlines in preparation for moving the case towards trial.... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: Is there a minimum mandatory sentence for aggravated fleeing in New Mexico
Marc Grano
Marc Grano answered on Jan 22, 2020

There is not a mandatory minimum sentence for Aggravated Fleeing in N.M. state court. It is a fourth degree felony punishable by a maximum of 18 months in custody and/or $5,000 fine.

1 Answer | Asked in Criminal Law and Civil Rights for New Mexico on
Q: Firearm ownership in new Mexico

I legally bought a rifle and shotgun in 1978; in 2009 I was convicted of nonviolent felony, sentenced to 8 months, completed sentence in May 2010;

May I legally have the firearms, in my home, in new Mexico? If not, is there a way to legally do so?

Keep in mind- rifles, not handguns,... Read more »

Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo answered on Jan 22, 2020

No, you aren't legally allowed to own a firearm. See N.M. Stat. Ann. § 30-7-16.

This same statute defines a "felon" using the following language:

“[F]elon” means a person convicted of a felony offense by a court of the United States or of any state or...
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