Legal Question in Criminal Law in New Mexico

Hello, I am a New Mexico resident, I am a male 19 year old University student. We were on a road trip through southern New Mexico when me and a friend got pulled over in a very small town. I got 2 non-traffic citations for paraphernalia and possession of under 1 oz. of marijuana. I have a court arraignment on May 20th and I leave New Mexico to live and work for my summer job in Montana on June 4th.

My question is what kind of charges and fines am I facing? Both my citations are misdemeanor charges, but what I want to know is how high is the possibility that I'll be put on supervised probation, take classes or serve jail time with holds that would prevent my bonding/bailing out. Money is not an issue, I spoke with a public defender who believes I will get a fine and unsupervised probation that will not effect my leaving of state this summer. Do I need to get a public defender/private attorney for my case?


Asked on 5/03/10, 12:03 pm

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

Get a second opinion from a criminal defense attorney. Initial consultations are usually at no cost. Ask first. The maximum penalty for a misdemeanor in NM is 1 year in jail, plus court costs and fines. Court costs are a given; everyone has to pay those. So far as a penalty is concerned, that depends upon (1) the judge, (2) your criminal history, (3) the ADA. A criminal defense attorney who knows the ropes in the court you are dealing with may be able to get one of the charges dismissed in trade for a guilty (or no contest) plea to the other. S/he may also be able to present your case so that you get unsupervised probation while attending school. Since your schooling is at stake, it may be that your best advice is not to try to do this yourself, as if you are unsuccessful there isn't much you can do about it. Obtaining the advice of an experienced criminal defense lawyer ahead of time would be a good move.

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Answered on 5/08/10, 12:20 pm


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