New Mexico Criminal Defense Legal Questions

No. The police don't have to read you your Miranda rights unless they question you while you're in police custody and they want to use your testimony against you in court. Many police officers don't bother reading Miranda rights because they have evidence of the crime that is so obvious, they don't need to use your testimony to convict you.... Read More

You should probably get your own attorney. If you gave a written or recorded statement that may be used despite your refusal. If your statements are don't remember or I don't know, there's probably not much they can do but this is a delicate situation that you should discuss with an attorney. You don't want to subject yourself to allegations of allegations of making a false official report.... Read More

No. Simple answer is no. There are legal means for wife and husband not to testify against one another. But not children. For instance is the wife forces a child to testify against her husband (say she claims that the husband molested the child) and the event never occurred - and the reason for this force to testify was to get even with the husband or monetary gains through a divorce then court and truth would truly be screwed up. So the simple answer is no.... Read More

It depends on the probation officer and the judge.  I would call the probation officer as soon as possible and attempt to resolve the issue before a formal petition to revoke is filed, or, if the petition has already been filed, before the court date. You may also want to check with the attorney who represented you in the underlying case.  He or she may have some familiarity with the probation officer or judge or both; and have some sense of how best to deal with them. For the future:  Buy a small pocket calendar and start writing down all of your appointments whether with probation or otherwise.  Making and keeping appointments is an important skill that will serve you well in many circumstances.  Best of luck.... Read More

First and foremost, the facts presented will most likely lead to "Criminal Sexual Penetration (CSP)" (rape) charges in New Mexico. These are serious allegations and you should immediately contact a experienced criminal defense attorney licensed in New Mexico. In regards to domestic violence in NM, a criminal charge will become a domestic violence classified charge if the defendant and the alleged victim meet the criterion set forth within the New Mexico statute that deals with domestic violence. For example, if D is charged with battery and the Alleged Victim is D's long time school friend and fellow football teammate, then D would most likely be charged with battery. On the other hand, let us pretend that D again is charged with battery; however, the alleged victim is D's ex-girlfriend who has not lived with D for months but at one time D and AV had intimate relations. The State prosecutor can now charge D with domestic violence charges. D would not be charged with simple battery; but rather, Battery Against a Household Member (BHHM) a domestic violence criminal charge with more serious penalties if D is found guilty.... Read More