New Mexico Criminal Defense Legal Questions

You received a copy of the actual subpoena, if served properly. And the process server signs the back on the original and files that with the court. He will be saying that he served you whether yours is dated or not. It is likely service of process and if you ignore it, you do so at your own peril. I wouldn't ignore it.... Read More

"Dropped" can mean various things in the law. Do you mean that the government has dismissed your case without you needing to do anything? If so, that is the dropped that you probably mean. If they were dropped pursuant to a plea bargain of some sort, then that may alter what you owe. If the cases were flat-out dismissed, you should be able to avoid the surcharges. You will have to discuss with the court. Good luck with this.... Read More

The Court may have you taken back to jail for processing, but it is possible they may quash the warrant upon voluntary surrender. You would be well-advised to contact a lawyer before surrendering yourself. However, on the issue of a suspended license, I believe the jail time is mandatory. So, again, before you make any admissions, you should have counsel (public defender) or board. You may be able to bargain on your case for the least severe outcome if you are going to plead.... Read More

You can file a document asking that the charges be dropped, but it is not up to you. Technically, the state is the victim and the person who is allegedly the person that was battered is "merely" the conduit. So, the D.A. decides whether or not to drop charges. They generally don't/won't drop charges simply because the alleged victim asks.... Read More

Well the terms of the contract should dictate when the car was to be complete. If he is in non-compliance I would recommend talking with him to see where he is at in the project. Is there substantial compliance so far? You will owe for the parts and labor up to this point, but from a practical standpoint, I would recommend speaking with him and see when and if he is able to complete it within a reasonable time.... Read More

No you don't need a lawyer. You have a reasonable explanation that you can explain to the judge. A lawyer may just make it a bit easier for you to navigate through the procedural end. Although he/she may also be aware of jurisdictional or time limitations that could impede the government's case of which you might not be aware.... Read More

Hello, First, in the law, truth is a defense to a charge of defamation of character. She may or may not be engaged in deceptive trade practices. You acted, I assume under a certain level of frustration. Now for the practical end of things: This person would need to be in a position to bring a lawsuit which can be very difficult. She has to be able to bring the action in an appropriate venue; she would likely have to establish some value on the damage to her character and she would likely need to retain services of a lawyer, all of which can be very onerous and expensive. One of the methods you can and possibly should still explore would be to contact the Office of the Attorney General. They generally have a consumer affairs division and are equipped to look into actions where they suspect fraud. Good luck with this.... Read More

Do you have any more information the stalker name, where he works, make, model and color of the vehicle? Detailed description of him. Do either of you know him by name? All that has to be provided to police to the extent possible. And you must notify police every time there is a new incident. Also, unless the police have more to go on, nothing may happen. All you can do is be vigilant, observant and travel in pairs to the extent possible for the immediate future.... Read More

I don't believe that records are ever "expunged." That is, charges and convictions remain in the NCIC and no matter what directive a court may enter, you can't wash it clean and sanitize it. You can't unring a bell. Especially given the posture of federal firearms laws and the database the feds have access to.... Read More