Legal Question in Criminal Law in New Mexico

In February 2007, I was arrested on drug related charges. I have since then been on deferred adjudication to a 18 mos - 2 yr. residential treatment program. I did not finish the program and Otero County, Alamogordo, NM P & P is wanting me to come back there to see about transferring my probation to Harris County, Pasadena, TX. I asked the officer that I am in contact with there if when I get back to Alamogordo, NM, if I was going to be arrested. He told me it is up to the District Attorney. I did 21 mos. in this program and am still following a strong recovery program. My question is, is there some way I can take a proactive approach to this, by speaking to the District Attorney, to prevent being incarcerated again for a case that is no longer pending? Should I contact the local parole & probation department to let them know what is going on? I don't know what to do, I just know I don't want to walk into a trap, Please help me. If you need any more information, you can call me at 281-914-5645 or email me at [email protected].


Asked on 12/23/09, 12:09 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Your best advice is to contact a criminal defense attorney in Alamogordo to investigate and report your options. If you don't know any, go to nmbar.org and you will find a listing of all attorneys in the area by name and practice area. You may also contact the Otero County Public Defender if you qualify. You should not attempt this yourself, however, as the DA and the PO are not presently on your side if you did not complete a court-ordered program.

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Answered on 12/29/09, 3:04 pm


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