NO, it is based upon the reasonable belief of the other party. Often a judge orders all parties to be tested. Hearsay is an out of court statement being used by a party for the truth of a matter asserted. A party actually saying "I think this guy is using drugs" is NOT hearsay by...View More
In New Mexico, you can pursue legal action against your ex-husband for any criminal acts, including sexual abuse or human trafficking, that occurred during your marriage. However, it's essential to act within the statute of limitations for such offenses, which can vary based on the specific...View More
Albuquerque, New Mexico. Defendant was issued a felony arrest warrant for aggravated stalking. Defendant had a public defender file a motion to cancel the arrest warrant and set his plea. Judge did not take kindly to the motion and responded with an order for a first appearance on 8/9, stating that... View More
One with an arrest warrant can be arrested anytime and anywhere that person is identified. Were I the opposing party, I would certainly alert the Court that the Defendant has a warrant. The Defendant should coordinate with his attorney to turn himself in ASAP.
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
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
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