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New Mexico Criminal Law Questions & Answers
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
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
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
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
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
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
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
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
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.

1 Answer | Asked in Criminal Law, Federal Crimes, Gaming and White Collar Crime for New Mexico on
Q: I'm looking into starting an app for sports betting. What is the current legality and what are some loopholes?
Robert Donald Gifford II
Robert Donald Gifford II answered on Mar 25, 2017

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.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New Mexico on
Q: I put in appeal and was wondering if it goes with the judge that sentenced you or does it go to the appeals court
Glenn B. Manishin
Glenn B. Manishin answered on Feb 10, 2017

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.

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Civil Rights for New Mexico on
Q: How do I find the notes of decision annotation section for each New Mexico statute and Rule annotations online

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 »

Paul Stanko
Paul Stanko answered on Sep 24, 2016

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 »

1 Answer | Asked in Criminal Law for New Mexico on
Q: Is lewd conduct illegal in New Mexico?

I couldn't find "lewd conduct" in NM criminal offenses. If so, what constitutes lewd conduct?

Peter N. Munsing
Peter N. Munsing answered on Jul 20, 2016

"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 »

1 Answer | Asked in Civil Rights and Criminal Law for New Mexico on
Q: I was falsely incarcerated for 20 days and was told by the judge to file a claim what that going to be worth
Marshall Jason Ray
Marshall Jason Ray answered on Jun 26, 2016

This is the type of issue about which you should consult with a private attorney. Many attorneys offer free consultations and will help you evaluate any potential case you may have.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for New Mexico on
Q: I have a complaint about the sheriff's department

I have a complaint about the sheriff'sdepartment illegally searching my house, twice and towing my car because I refused to file a false police report - what type of lawyer do I need? civil rights?

Marshall Jason Ray
Marshall Jason Ray answered on May 23, 2016

There are attorneys who specialize in bringing lawsuits against law enforcement officers and agencies for violations of civil rights. They may advertise as personal injury or civil rights lawyers.

1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for New Mexico on
Q: Can I do a tort claim for compensation of property lost by the local police department
Marshall Jason Ray
Marshall Jason Ray answered on Apr 26, 2016

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 »

1 Answer | Asked in Constitutional Law, Civil Rights and Criminal Law for New Mexico on
Q: Completed a 3 year sentence in doc and just won my appeal in new Mexico court of appeals what actions can I take

I was found guilty by a jury I was sentenced to 5 1\2 years ..18 months for a 4th plus they gave me the 4 year obitual offender .. Court of appeals recently reversed my conviction

Marshall Jason Ray
Marshall Jason Ray answered on Mar 19, 2016

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 »

1 Answer | Asked in Criminal Law for New Mexico on
Q: Is it legal to have a family member as my felony probation officer
Robert Jason De Groot
Robert Jason De Groot answered on Nov 8, 2015

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.

1 Answer | Asked in Criminal Law for New Mexico on
Q: What is the legal age of sexual consent in New Mexico?

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?

Robert Jason De Groot
Robert Jason De Groot answered on Nov 1, 2015

17 and yes.

1 Answer | Asked in Criminal Law for New Mexico on
Q: What happens if police engage in law enforcement with expired or no commissions?
Robert Jason De Groot
Robert Jason De Groot answered on Nov 1, 2015

Their acts are not authorized? Go see a local attorney for an answer.

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