Legal Question in Criminal Law in New Mexico

In New Mexico Magistrate Court my charges were dropped from 5 Aggravated Assaults and 1 resisting down to 2 Aggravated Assaults and 1 resisting and then my charges all got brought back up again when I got bound over to District Court. Can some explain this to me? If I got arraigned in Magistrate Court and the Judge dropped 3 Aggravated Assaults why didn't they continue to stay that way when I got bound over to District Court?


Asked on 12/03/10, 8:42 pm

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

Your post is confusing. Charges don't get dropped at arraignment, but at the preliminary hearing. If in fact a magistrate judge dismissed charges against you, then you cannot be bound over on those charges. If in fact you were, then someone has made a mistake. If you do not have a lawyer, public defender or private, then consult with one about your situation. Initial consultations are usually done at no cost, but ask first.

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Answered on 12/09/10, 7:43 am


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