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.
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 »
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 »
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 »
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 »
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 »
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.
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?
There is no short or quick answer on this one. There are a number of gambling laws out there with both the state and federal government. It would not be advisable to go forward until you sit down with an attorney who understands gaming and what the federal/state government would frown upon.
If the sentencing judge was on a New Mexico district court, your appeal can only be taken to the N.M. Court of Appeals. Their "self-help" guide is at http://www.nmcourts.gov/Self-Help/self-help-guide.aspx, but I would strongly recommend hiring an appellate lawyer in New Mexico to represent you.
I use the notes of decision and the committee commentaries for each New Mexico statute and rules annotated to compare case laws already decided by the New Mexico courts to formulate and support my arguments however I can't find them online with the case laws that I search for please give me... Read more »
I am confused by your question. If you are a lawyer or paralegal, you would already know how to do legal research, and would not be asking the question. If you are a pro se litigant, you can find a great deal of information right here at Justia (and some other sites, as well). You mention...Read more »
"lewd" conduct statutes were sometimes revised to be more specific following challenges for vagueness. Short answer is generally nudity defined as exposure of breasts and genitals, verbally using offensive language and similar actions have
been in the past under "lewd & lacivious behavior"...Read more »
You would need to provide more details. While a tort claim is probably not the avenue, there usually is a process for taking inventory and providing a receipt of voucher of property taken. There can be many breakdowns in that process. Alternatively, depending on the facts, the property might be...Read more »
You should consult with an attorney. What options you have will depend on many facts, which you have not provided here. For example, you may be contemplating bringing a civil rights lawsuit. You do not automatically have a case just because your conviction was overturned after you served some...Read more »
You need to have a full discussion with a local attorney about this. You are not going to get an adequate answer on the internet for free that will address all the issues involved as to whether there might be a conflict of interest here.
Where an age gap would not matter and the older person would not risk any legal trouble. Ex: I am 16 and the person I am wanting to be with is 26. Would they risk getting in any kind of legal trouble if I am willingly consenting?
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