Legal Question in Criminal Law in New Mexico

My future son in law is in the county jail for failure to appear in court for a judgement of attempting to harbor a fugitive back in Oct. of 2008. He had lost his job and was unable to pay his fines. He had received a letter stating he needed to appear in court on Aug. 14, 2009 unless he spoke to his PO to make arrangements on his back fines. Which he did. Then he found out he had a bench warrent for his arrest. He turned himself in and is now in the Alamogordo County Jail for the duration of his judgement. But now they are wanting to try him again for the same case and send him to prison for 18 months. Can they do this? And if so is there any one who would be interested in taking his case. He is in real trouble. He really has been trying to stay out of trouble. He has two little girls depending on him. What can we do? Can they acctually try him for the same case twice? Isin't that double jeaperty?


Asked on 8/27/09, 2:16 pm

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

It is probably not a trial, but a probation violation. For failure to comply with the conditions of probation, he can be sent to prison for the original term of confinement which was suspended. The violation appears to be his failure to pay his fines. He needs the advice of an experienced criminal defense attorney in your area. If you don't know any, the State Bar of New Mexico will provide a list of qualified lawyers.

Read more
Answered on 9/01/09, 3:32 pm


Related Questions & Answers

More Criminal Law questions and answers in New Mexico