Get free answers to your Criminal Law legal questions from lawyers in your area.
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.
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.
Would like to remove a magistrate Judge and request US District Judge in a hearing of release
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
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
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
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
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
Is this extortion? I need legal questions answered before I pursue any actions
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.
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?
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.
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.
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.
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
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
I couldn't find "lewd conduct" in NM criminal offenses. If so, what constitutes lewd conduct?
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
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.
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?
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.
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... View More
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
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... View More
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.
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?
answered on Nov 1, 2015
Their acts are not authorized? Go see a local attorney for an answer.
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