Legal Question in Criminal Law in New Mexico

RE:RE: criminal contact with a minor

I know witnesses can return. But a mutual friend told me that the the mother knew it was a lie and told the police. When CYFD threatened to take away her kid unless she testified against me, she packed up and moved out of state. She has no plans on returning here or her kid. So my question is do they still have a case without her? If they cannot get the kid to testify against me, do they still have a case? If they don't have a case, I want to file for dismissal and leave NM after it is, and then file to have it expunged off my record. Thank you, I cannot afford a lawyer, so I am waiting in the Public Defender to here my case.


Asked on 9/27/08, 11:05 am

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

Re: RE:RE: criminal contact with a minor

Without knowing what other evidence the prosecution has it is not possible to answer your question. The State may have a video tape of the child called a "safe house" interview; they may have audio tape recordings, or other witnesses such as someone who interviewed the child at the time. They may have forensic evidence such as DNA or semen samples, fingerprints, etc. These are things you need to find out with the assistance of your Public Defender.

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Answered on 9/27/08, 12:00 pm


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