Legal Question in Criminal Law in New Mexico

Allegations of criminal sexual penetration of a minor
A friend of mine has been indicted by a grand jury for criminal sexual penetration of a 13 year old girl. I fervently believe that he is innocent. He has been incarcerated since January 2002. He has a criminal attorney, but would like to know what filing a motion for disclosure and conflict of interest might do to help in his defense? Should he consider any kind of plea bargain?

Asked on 3/13/02, 1:11 am

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

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Re: Allegations of criminal sexual penetration of a minor

Discovery of the State's case in a criminal case is usually routine. The State should have disclosed its evidence by this time.

A no-time plea bargain should always be considered. Whether or not others should be considered depends upon the evidence.

He should consider a polygraph examination, also, as they are admissible in New Mexico courts, and can be quite helpful when indicating innocence.

Answered on 3/13/02, 8:48 am

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