Legal Question in Family Law in New Mexico

Can I be charged as guilty if there is no evidence?

My husband pinned me down and I tried to kick him off of me. I left the home scared and called the police and yet because he said I kicked him I was the one who got charged with assault! He said I kicked him before he pinned me down and that's not true. I had a hearing and plead not guilty and have to go on trial now. I have no evidence or witnesses and no money for a lawyer or attorney. All I have is my word against his. What can I do?


Asked on 5/15/09, 11:39 am

1 Answer from Attorneys
George Chandler Chandler Law of Los Alamos

Re: Can I be charged as guilty if there is no evidence?

Call the Public Defender in your area. They should have offered you a public defender at your hearing. Look in the phone book under New Mexico State Government , Public Defender Department. If you can't find it there go to the court house where you had the hearing and ask the clerk for the number. Some areas have contract public defenders, who are private attorneys paid by the state.

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Answered on 5/15/09, 9:25 pm


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