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Was covered under Statue 30-31-27.1. my public Attorney said could only use in Federal Court. I was having overdose. Was charged cause police saw Marijuana growing. Had a search on home arrested and took plea advise of public defender
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answered on Jan 27, 2025
It sounds like you've been through a challenging legal situation, and it’s good that you’re seeking clarity on what happened and what it means moving forward. In New Mexico, under statute 30-31-27.1, certain drug-related offenses can be expunged if specific criteria are met, which may... View More 
The witness in the past hen she committed a crime was found not competent and charges were dismissed
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answered on Jan 21, 2025
Mental health conditions like schizophrenia don't automatically disqualify someone from being a witness in court. The key factor courts consider is whether the person can understand and tell the truth about what they witnessed at the time of the incident, regardless of their diagnosis.... View More
But the UA Specimen was never sent to lab for anyalis. Can I still be violated if it was never proven to be dirty for drugs.
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answered on Jan 21, 2025
I understand you're in a difficult situation regarding your probation status. Your honesty about drug use during probation is significant, even without laboratory confirmation of the UA specimen.
From a legal standpoint, verbal admission of drug use to your probation officer can be... View More
I was covered under NM Statue 30-31-27.1 because of having a heart attack due to a drug overdose and was in the need of medical Attention. Where Marijuana was seen while awaiting EMT.
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answered on Jan 21, 2025
Your situation touches on an important aspect of New Mexico's Good Samaritan law, which provides protection for people seeking medical help during overdose emergencies. The fact that marijuana was discovered while you were receiving emergency medical care should have been protected under this... View More
Thee charge I was doing probation for was expunged. It was because I was covered under NM Statue30-31-27.1 cause of a drug overdose when a cop saw marijuana growing. I was charged jailed a search warrant was issued on my residence. What can I do about this?
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answered on Jan 18, 2025
It sounds like your situation is complicated, but there are steps you can take to address it. If the charge was expunged under New Mexico's overdose immunity law, you may have protections related to how the original incident was handled. First, review all the documentation regarding your case,... View More
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answered on Jan 12, 2025
Changing your plea from guilty to not guilty after pleading guilty to second degree manslaughter is possible, but it can be complicated. You would need to present a strong reason for the change, such as new evidence or a significant misunderstanding when you initially entered your plea.
The... View More
I am a taxi driver. During a traffic stop I had recently gotten a citation, of which I have already taken care of. On that citation, there are two case numbers. Looking up the second case number, brang up an incident report containing my name only as other individuals involved, the only victim... View More
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answered on Jan 5, 2025
I'm sorry you're facing this challenging situation. Even though the report lists only you in connection with the narcotics, law enforcement may still pursue charges based on the evidence they have. The fact that your passenger and her belongings weren't mentioned might support your... View More
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answered on Jan 5, 2025
I'm sorry you're going through this difficult situation. Start by documenting any instances of interference, including dates, times, and descriptions of what happened. This evidence will be important when you move forward.
Next, reach out to a family law attorney who can guide you... View More
I was talking to my kids mother and she told me she was a witnesses to a case of assault with a deadly weapon charge and it was the day before court so I didn't know she was a witnesses and was not on the witnesses list. For that court hearing. I was charged and jailed for it in court
answered on Dec 31, 2024
From your question, I am no sure exactly the scenario. There are some possible issues you raise: is the recording illegally obtained and therefore suppressible under the Constitution? Does the recording have inadmissible hearsay or statements that would violate the confrontation clause? Is the... View More
I believe I need to motion for a JOINDER OF PARTIES this matter is regarding my fathers Trust where I am now Trustee but the previous Trustee has committed multiple breeches and has yet to be held accountable. How do I make sure he is included in this trial so that his actions are not lost?
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answered on Nov 21, 2024
You will need a NM attorney that handles trust litigation. The complaint/petition, whatever will need to be amended by adding a defendant and a cause of action for breach of fiduciary duty, etc. It will be alot of work and you will not be able to do this pro se as the successor trustee.
Just found out my diploma is fake after 15 years the so called school I got it from no longer exgist I did this threw mail now I in fear of legal troubles
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answered on Sep 21, 2024
It can be very stressful to discover that a diploma you’ve relied on is not legitimate, especially after so many years. The first thing you should do is stay calm and gather as much information as possible about the situation. Find any documentation, correspondence, or other details you have... View More
A cop turned his lights on behind me whil I was parked off the road with car trouble. He ran my plate,&my tags,insurance: said both were both suspended. I told him my tags were suspended but insurance was valid& active as I had gotten it four days prior. I had been on my way to get my... View More
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answered on Sep 11, 2024
Based on what you’ve described, there may be grounds to challenge the actions of the officer and the legality of the search and seizure of your vehicle. After issuing the citations, the officer generally shouldn't continue to question you unless there is reasonable suspicion of another... View More
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answered on Jun 10, 2024
If the police in New Mexico do not return your property after your case is dismissed, you have several options to pursue. First, request the return of your property in writing, ensuring you keep copies of all correspondence. This creates a record of your efforts to reclaim your belongings.... View More
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answered on Apr 2, 2024
I apologize, but the phrasing of your question is still a bit unclear, making it difficult for me to provide a precise answer. It seems like there may be some missing words or context.
When a conditional discharge is granted, the court typically sets a probationary period during which the... View More
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answered on Nov 12, 2023
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
This happened with the drunk person sitting next to me on an airplane, he threatened to beat me up when he lost his things accusing me and getting police called to the plane
answered on Nov 1, 2023
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
answered on Nov 1, 2023
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.
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answered on Oct 15, 2023
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
I have POA of my fiancé tht is incarcerated
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answered on Oct 11, 2023
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
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