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New Mexico Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Mexico on
Q: Is it a class 6 felony in NM to take a teenagers cell phone which is paid for by the parent away?
Cheryl Powell
Cheryl Powell
answered on Feb 18, 2018

You asked this q in il. We hace no idea what nm laws r and there are no class 6 felonies in this state.

1 Answer | Asked in Car Accidents, Civil Rights, Criminal Law and Federal Crimes for New Mexico on
Q: Our car was stolen for a week, wrecked into a business and police caught a guy. Can we sue him for damages?

We had already filed a claim with our insurance and our car was already known to be reported stolen. These are his arrest charges:

Arrest Charges

Release Type:

Arrest Date: 02/13/2018

Arrest Time: 21:00

Arrest Location:

Statute: 30-22-1.1... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 14, 2018

You can sue him but you'd likely never see the money. Thieves usually don't have much.

See if you can get an order of restitution from the criminal charges--contact the DA's victim assistance coordinator.

1 Answer | Asked in Criminal Law and Traffic Tickets for New Mexico on
Q: I got a ticket for speeding in New Mexico but the information of the car is all wrong what can I do can I fight it?

I was just visiting in New Mexico I live in Dallas what can I do

Grant St Julian III
Grant St Julian III
answered on Feb 4, 2018

You will have to contact an attorney in New Mexico, but the make, mode and year of the car are not elements of a speeding offense. Therefore, any mistakes about such information will generally not cause dismissal of the citation.

1 Answer | Asked in Criminal Law, Family Law, Federal Crimes and Personal Injury for New Mexico on
Q: Can I do anything legally against my mom, who abused me for 7yrs in NM. It ended when my dad began raising me on his own

My Mom was very neglectful & abusive. Both Physically and emotionally. All of This happened to me between ages 7-14. She was neglectful and abusive to her other 5children as well. She provided them drugs and Alchohol when they were only between the ages of 11-15. She specifically picked out her... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 19, 2017

You can file criminal charges. You can sue her civilly but that will cost money and unless she has a lot I don't see it as doing anything except frustrating you.

1 Answer | Asked in Criminal Law and Domestic Violence for New Mexico on
Q: What is a reasonable plea deal for a first time offender of 30-3-15 battery against a household member
Marshall Jason Ray
Marshall Jason Ray
answered on Nov 30, 2017

Whether a plea agreement is advantageous depends on numerous factors specific to your case. A lack of criminal history is only one thing to consider, and it may not be the most important, depending on the strength of the government's case (i.e., the evidence it has to support the charge).... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: How long do you have to serve do the code 31-21-15
Stephen Aarons
Stephen Aarons
answered on Sep 27, 2017

NMSA 31-21-15 deals with probation violations. If the judge finds by clear and convincing evidence that the probationer did violate the terms of his probation, the judge may decide not to impose additional time and release the defendant on time served. If the violation is serious, the judge may... View More

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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 &...
View 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.

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