Anthony Spratley’s Answers

Anthony Spratley

Albuquerque Criminal Defense Attorney.

Contributor Level 4
  1. Was handed a plea and told this is the best it is going to get by my public defender. Have had little communication with him.

    Answered over 1 year ago.

    1. Jeffrey C. Lahann
    2. Raymond George Wigell
    3. Anthony Spratley
    4. Stephen D Aarons
    5. Patrick Owen Earl
    5 lawyer answers

    You must have your attorney fully explain your rights and consequences before you accept the plea. Only then will you know if talking the plea is the right choice for you.

    3 lawyers agreed with this answer

  2. If my case was nolle prosequi, can I still be charged?

    Answered over 1 year ago.

    1. Anthony Spratley
    2. Stephen D Aarons
    2 lawyer answers

    This phrase only means that the prosecutor has decided not to pursue the case criminally at that time for a number of reasons. It does not, however, mean that the prosecutor will not, within the statute of limitations, re-indict an accused of the same alleged offense. Speak with your public defender right away to discuss your concerns so you can set your mind at ease.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. If the time of the arraignment was 60 days, for a felony case, and the 60 days runs out w/o a trial, is the case dismissed?

    Answered over 2 years ago.

    1. Anthony Spratley
    1 lawyer answer

    Trials should commence within 182 days of arraignment. Extensions beyond 182 days may be granted based on agreement between the defense attorney and prosecuting attorney. The fact a case was not held within 60 days or does not mean the state is barred from proceeding in its prosecution of the case. I recommend you speak with a lawyer to protect your rights. I can be reached at aspratley@aspratley.com or 505-750-8442.

    2 lawyers agreed with this answer

  4. Can a lawyer from one state represent me if I have warrants in another state or do I need to find a lawyer in my past state

    Answered over 2 years ago.

    1. Anthony Spratley
    2. Stephen D Aarons
    2 lawyer answers

    First, contact the state (where this occurred) administrative agency that handles driver licenses (DL) to confirm the status of your DL. In New Mexico it is called the Motor Vehicle Division (MVD). The general rule is an attorney may only practice law in state courts only where she is licensed. If you are looking to hire a private attorney for legal representation in this case, I recommend you contact the state bar association where this occurred and request an attorney referral. There,...

    1 lawyer agreed with this answer

  5. Which state law prevails when relocating pertaining to a DUI conviction?

    Answered over 2 years ago.

    1. Anthony Spratley
    1 lawyer answer

    If you decide to obtain a NM driver license you must install the interlock device for two years from the date of your New Mexico issued driver license because of the Driver License Compact agreed to by most states -- NM and VA are part of the compact. You can request credit for the six months, but the state is not obligated to grant you the credit. You can contact the New Mexico MVD at Toll Free: 888 683 4636 or 888 MVD INFO for more information before you decide to apply for a New Mexico...

    1 lawyer agreed with this answer

  6. What could happen at a DUI probation violation hearing for the interlock?

    Answered over 1 year ago.

    1. Stephen D Aarons
    2. Anthony Spratley
    3. Arthur Allen Busch
    3 lawyer answers

    Your probation violation is serious. You should expect the probation officer to make a recommendation to the judge for some jail time. The judge has broad discretion to impose sanctions for violating conditions of your probation ( for instance instructions to not allow another person to blow into the interlock device and what to do immediately when that occurs). I recommend contacting an attorney to assist you in your PV hearing.

  7. I was arrested at gun point for Camera Van Speed Violations, which I did not even knew I had. I was never cited by a cop.

    Answered over 2 years ago.

    1. Anthony Spratley
    2. Stephen D Aarons
    2 lawyer answers

    I am not clear what your question may be and will do the best to give you a good answer. If a person fails to appear in front of a judge as ordered, like a traffic offense, the judge can issue a bench warrant, which in some cases lead to arrest. Another thing you may want to consider, after speaking with an attorney, is to determine whether you received proper notice of hearing or lack therof which caused you to not show up for the scheduled court date.

  8. Is it a felony to not show up to court for having a ticket for driving on a supsended license?

    Answered over 2 years ago.

    1. Anthony Spratley
    1 lawyer answer

    Based on the facts as your presented them, when your friend failed to appear to court, that was a bad thing and he can be arrested on the judge's bench warrant, but it is not a felony or misdemeanor. Your friend should contact a lawyer soon to figure out how to deal with this potential bench warrant and traffic case as quickly as possible. I can be reached at 505-750-8442.

  9. I'm Army Active Duty and was charged with my first DUI. I submitted charges and court dates to my chain-of-command. Do I have to

    Answered over 2 years ago.

    1. Rixon Charles Rafter III
    2. Anthony Spratley
    2 lawyer answers

    There is no duty to disclose this to your chain of command. You have rights under Article 31 against self incrimination, which are similar to civilian Miranda rights (you have the right to remain silent...) but better. I recommend you speak with your local trial defense counsel or civilian defense attorney about your Article 31 rights. Contact me at aspratley@aspratley.com or 505-750-8442 to learn about your Article 31 rights under the UCMJ.