Legal Question in Criminal Law in New Mexico

I am on probation for drug trafficking/possession w intent to distribute, in Roswell New Mexico. I have never been arrested or convicted of a criminal crime before I was 56 years old. I was caught with 4/10 of a gram of meth. (two twenty's, that were not bagged). The court gave me 9 yrs in DOC, 5 years probation. The sentence was suspended. I have been on probation for a little over 3 years now of the 5 years imposed. I have no violations. I have paid all fines, and done all requirements as stated in my J&S. I want to ask for a early release from probation. My probation officers say they will recommend that I am released. I have letters of recommendations from upstanding citizens. My felony is a 2nd degree felony, which I understand makes my case harder. I do not know the procedure or the forms to file. I have no money to hire an attorney. What can I do?


Asked on 2/07/15, 11:47 am

1 Answer from Attorneys

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

Write a letter to the sentencing judge requesting an early discharge from probation. In the letter ask that s/he treat your letter as a Motion because you are pro bono. Copy the DA's office (most important.) State you would like a hearing to present your evidence, as stated in your question, and the opportunity to present witnesses such as those who support you and your PO. Be respectful; be patient; be persistent. Good luck.

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Answered on 2/08/15, 1:28 pm


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