Legal Question in Criminal Law in New Mexico

child abuse case

i was arrested for spanking my step daughter, although her mother admited later she had lied i am still awaiting trial, it has been over 2 years and they have no witnesses. i am not guilty and have proof she lied. they are charging me with a second child abuse offense even though i have no prior offense. wat do i do? i have been out on bond for over a year now. i would at least get the charge dropped down to a first offense in which i would only be facing 3 years. i have already been incarcerated a year for this crime, my bond was also excessivly high at 250,000 cash only for 11 months. i finally got it lowered and was able to bond out. i feel as if several of my rights have been violated in this case. i have a violent criminal history but have not done anything for several years. i feel as if i am being judged and prosecuted on my past. i dont know how to get the charge lowered to a first offense and what remedies do i have for violations of my due process rights. they have had 1 district court extension and 3 supreme court extensions. any help would be greatly appreciated. thank you


Asked on 7/02/08, 8:19 pm

1 Answer from Attorneys

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

Re: child abuse case

Why are you not represented by legal counsel? Why does not s/he answer your questions? If you are representing yourself, stop. It is not working. Get advice from someone who will take the time to investigate your case, the evidence, and the reasons why so many extensions.

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Answered on 7/02/08, 9:49 pm


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