Legal Question in Criminal Law in New Mexico

My son went to court back in February 2014 for shop lifting and evading police charges. Also a PV because he was on Probation at that time. Charges were all dismissed on 3/27/14. On 10/17/14 he was picked up again on a PV and now he is being charged with same charges he went to court for back in Feb and got dismissed. I did see where they changed one from shop lifting to Larceny. Is this possible. I'm not understanding.


Asked on 10/28/14, 11:12 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Charges must be dismissed "With Prejudice" to be gone forever. If not, they may be brought again within the period of the Statute of Limitations. PV's not adjudicated in the past may be again brought up in a new PV and dealt with together. The SOL is not applicable within the dates specified in your post.

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Answered on 12/07/14, 12:45 pm


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