Get free answers to your Criminal Law legal questions from lawyers in your area.
Girlfriend is 9 years and 11 months older than boy. Can someone besides parents bring charges against her?
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.
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... View More 
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... View More
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... View More
If the victim signs an afidavit of non prosecution does the person get released??
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... View More
And what should I do if I have proof of someone assaulting me, calling me racist names, and destruction of private property?
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.
answered on Jan 13, 2021
very difficult to set aside a plea of guilty if it was knowing and voluntary.
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... View More
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... View More
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.
Can it still be forgery if no attempt to transfer any funds or cash the check?
This is in reference to being able to legally own & possess a firearm.
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.
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
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.
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... View More
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... View More
I am charged with trafficking it is my first offense
if you did an outburst in court
answered on Nov 14, 2020
A no bond hold means he sits in jail without any ability to post a bond for his release.
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.
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?
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... View More
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... View More
or can I handle it over the phone from here
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... View More
But it was an accidental shooting is there anyway of helping this person receive a more lenient sentence?
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... View More
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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
