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New Mexico Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Mexico on
Q: does texting profanities and racial draugatories from cell phone, constitutes assault ?

receiving text from a contractor who has left my work incomplete and taken money away, alcoholic, whom I have text him not to contact me in any forms of communication, keeps texting me with profanities, derogatory labels and etc

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 31, 2015

Probably not, but you have not given enough facts. Generally a threat to do bodily harm has to be coupled with the present ability to carry out the threat in order to be an actual assault.

1 Answer | Asked in Criminal Law for New Mexico on
Q: charged with embezzlement of vehicle and first time I live n new Mexico is really up 18 months And can charge be drop?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 30, 2015

I do not understand what it is you are asking.

1 Answer | Asked in Criminal Law for New Mexico on
Q: Are you considered a child molester if you send naked pictures of someone else off of instgram to an underage minor???
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 29, 2015

By many people yes. Do you have a statute to review? Can you look up the criminal statutes in your state? Find them and read the ones which you are charged with.

1 Answer | Asked in Criminal Law for New Mexico on
Q: I was charged with batt. On a PO while being in the booking showers with 3 other COs. I was beat and maced fully naked

how do I beat this charge?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 26, 2015

Hire an attorney who has decades of experience.

1 Answer | Asked in Criminal Law for New Mexico on
Q: My boyfriends probation officer does not have the JNS and refuses to accept it, what happens now?

My boyfriend had been charged with some sexual contact misdemeanors, and when he took a plea bargain he was told he did not have to register as a sex offender, had free roam of the state, could continue to work at his job, and was supposed to be on regular probation. However the probation office... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 23, 2015

You asked this many months ago. What is the JNS? Usually, the best thing to do in circumstances like this is to have an attorney, so get one for him.

1 Answer | Asked in Criminal Law for New Mexico on
Q: I am on probation now an I had received a bench warrant issued for my arrested for not paying court fee

But I've set up away to pay it 30$ a month I've paid it threw my probation officer why have they issued a warrant ~??

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 22, 2015

Get an attorney on your side. The attorney will investigate the facts and circumstances and then be able to answer your question.

1 Answer | Asked in Criminal Law for New Mexico on
Q: Can I appeal a judges decision to drop battery charges on my neighbor who attacked my 12 yr old son?

The judge dismissed the charges saying it was a civil matter and we could settle it in civil court ( said neighbor is suing me for $250 in civil court for trespassing when I placed wood fence pieces against my side of a fence he built on the property line between our residences). LSS He testified... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

Probably not. You need to have a full discussion with a local attorney.

1 Answer | Asked in Criminal Law for New Mexico on
Q: My son is 17 and the police want him to come in for an interview. should i get a lawyer first? do I have to let him?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 16, 2015

When anyone is accused of crime, they have the right to remain silent. Yes, he needs an attorney first. If he is alleged to have committed a crime, he must remain silent. If they have enough to arrest him, they will.

1 Answer | Asked in Criminal Law and Public Benefits for New Mexico on
Q: I have been arrested for trafficking with intent to dist. 2nd offense which I have a federal charge and did time for

Possession with intent to dist. They are trying to give 18 mandatory years which I was caught in possession of 25gs 600 cash baggies and a scale isn't these two different charges?

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 22, 2015

You are facing 18 years and ask only if the charges are different? Yes, they are different charges, most likely.

1 Answer | Asked in Criminal Law for New Mexico on
Q: Summoned for harassment and stalking, can the person who made the police report be charge for making false statements?

Got into a arguement with now ex fiance, she hung up on me and then I proceeded to call multiple times. I have been summoned for harassment and stalking, I have plenty of voicemail, facebook messages, pictures, to disprove stalking. Can the accuse be charged for making a false statement? In the... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 14, 2015

Of course, that would depend upon the facts, and you have not given enough here.

1 Answer | Asked in Criminal Law for New Mexico on
Q: Im wanting to have my record expunged in the state of New Mexico. How do I go about this?

charges were possession of a controlled substance and contributing to the delinquency of a minor. completed 3 years probation with no violations. weekly drug tests which all were passed and all fines were paid. I did receive a dismissal letter as well.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 14, 2015

http://research.lawyers.com/new-mexico/new-mexico-expungement-and-record-sealing.html

That is just one result from a simple internet search on "expungement in NM."

1 Answer | Asked in Criminal Law for New Mexico on
Q: 17 yo accuses adult of inappropriate sexual conduct that allegedly took place after discharging from treatment.

17 yo blackmailed worker at a residential that worked with him while in treatment. He signed a statement inducting allegations were false but filed report anyway. What do I do?

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 12, 2015

Hire a criminal defense attorney. You asked this question to private criminal defense attorneys. Did you expect some other answer?

1 Answer | Asked in Criminal Law for New Mexico on
Q: My husband is serving time on a misdemeanor The judge has denied his request for good time with no reason

Is there anything we can do from here? We have 4 kids and he has an ailing grandfather. I am on the verge of losing everything because i dont have sitters to work the hours i need to to get the bills paid

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 10, 2015

Probably the best thing you can do is to go see a local criminal defense attorney to find out if the judge would be able to order that he serve the rest of his time during weekends. That is the only thing that I can think of that might help you, and probably to discuss the issues fully with the... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: Can a person be guilty of embezzling or extorting money from their spouse?

Specifically, can a person refuse to provide paperwork that prevents their spouse from losing their home unless their spouse pays them a lot of money? I need to refinance my home per the terms of a real estate contract but my estranged wife living out-of-state is refusing to sign a Sole &... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 8, 2015

Probably not, and especially not if the law allows her to negotiate in a family matter, which it most certainly does. Seek advice from a family lawyer about all of this.

1 Answer | Asked in Criminal Law for New Mexico on
Q: Im German and I got caught smoking weed and I live in NM. What will happen? Will I get deported? First offense.

My dad is in the German air force stationed in NM and I got caught smoking weed with friends, will they deport me and my family? I got charged with (statute 30-31-25.1 and 30-31-23) any information will help.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 8, 2015

You will be prosecuted probably for a misdemeanor and will need an attorney for that. You probably will not be deported. Possession of a small amount of marijuana is not a crime of moral turpitude.

1 Answer | Asked in Criminal Law for New Mexico on
Q: How can you find out if the law enforcement is looking for you for questioning?

My neighbor told me whole i was at work that the sheriff department came by my house looking for me for questioning. How do i find out it is true?

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 4, 2015

Go to a local criminal defense attorney and have a face to face discussion about this.

1 Answer | Asked in Criminal Law for New Mexico on
Q: What is the best stragegy when law enforcement wants to bring you in for questioning?

I was told the law enforcement came by my residence to ask if i would answer some questions. I won't answer any questions without an attorney present. With that being said I would have to hire one to be present for attorneys dont do this free of charge.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 3, 2015

What you see on law and order, the defendant and his attorney negotiating with the investigator and the prosecutor, a common scene on that TV show, is not reality. If they have enough probable cause to arrest my client, then they can make an arrest. If they do not have enough probable cause for... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: Is my husband committing fraud?

My husband has always used his middle name for his first name. He recently renewed his driver license, his DOT physical and his CDL. NOW the state NM has canceled his CDL because they say he falsified his identity. The woman my husband spoke to also told his all and any documents he has signed... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 28, 2015

His mark is is mark. His name is his name. Perhaps he needs to seek advice from a local attorney. Your question is confusing.

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