Salim A. Khayoumi’s Answers

Salim A. Khayoumi

Albuquerque Personal Injury Lawyer.

Contributor Level 4
  1. How can they get away with bringing up old dwi's to extort me out of more money just because of a new law, 7 years later?

    Answered over 1 year ago.

    1. Salim A. Khayoumi
    2. Charles K. Kenyon Jr.
    3. Ted Harvatin
    3 lawyer answers

    Unfortunately, under New Mexico law a DWI conviction lasts forever. Hence the reason it's so important to hire an experienced DUI/ DWI attorney before a conviction or plea agreement is reached. With regards to "rights, freedom", the state of New Mexico compared to other states has one of the highest rates of drunk driving and drunk driving related deaths. Any drunk driving laws currently in effect, that may seem to encroach or curtail your constitutional rights and freedoms are justified by...

    1 lawyer agreed with this answer

  2. What does "Reset criminal Trial" mean???

    Answered over 2 years ago.

    1. Salim A. Khayoumi
    2. Brandy Ann Peeples
    2 lawyer answers

    New Mexico courts use the term "Reset Criminal Trial" after the initial set trial setting has been continued either by the State, the Defense, or even the Court. In a nutshell, the initial Friday trial setting (for an unknown reason) was "reset" to a future date. Such resets are very common; however, it's critically important that you show up to the next scheduled court date or risk facing a failure to appear arrest warrant which in turn restart's the statute of limitations clock. Best of luck.

    1 lawyer agreed with this answer

  3. When being charged for alleged aggravated battery and aggravated burglary, does the alleged victim have to prove their charges

    Answered 2 months ago.

    1. Stephen D Aarons
    2. Salim A. Khayoumi
    3. Laurence K Nurmi
    4. Andre Robert Belanger
    4 lawyer answers

    Neither. The burden is on the State (the prosecutor) to prove beyond a reasonable doubt that the defendant is guilty of each crime. The alleged victim is a witness that the State will use at trial to try and prove that the defendant is guilty.

  4. Legal Advice on why I have a bond arraignment, i am already out on bail and plead at my first arraignment...?

    Answered over 1 year ago.

    1. Salim A. Khayoumi
    2. Jim Mitchell Medley
    3. Robert Laurens Driessen
    3 lawyer answers

    In Albuquerque, a DWI-1st offense and a traffic lane violation are both misdemeanors thus your case is likely pending at Bernalillo County Metropolitan Court. Bond Arraignment at metro court is the court setting where you, the Defendant, will either plead guilty or not guilty and the Judge will modify or set additional conditions of release. The judge will also set the date for the next trial setting (i.e. pretrial conference), assuming that you plead not guilty. Keep in mind that the judge...

  5. Why does non convicted DUI say pending

    Answered almost 2 years ago.

    1. Salim A. Khayoumi
    1 lawyer answer

    This could mean many things. Although it would be easier to ask for a case number and research the issue, we’ll just stick to the information you’ve provided in your question. The pending status showing with regards to your case may be due to an outstanding warrant which may be keeping the case in "pending" status. You stated that the 2008 DWI was dismissed; however, in New Mexico defendants will often enter into a plea deal with the State by exchanging a guilty plea to the DWI charge in...

  6. Battery charge was Nolle Prossed but the resisting was not. How can the resisting still be pursued?

    Answered over 2 years ago.

    1. Stephen D Aarons
    2. Salim A. Khayoumi
    3. Margaret Strickland
    4. Marcus Bazzell Boston
    4 lawyer answers

    The battery charge (Battery against a household member; BHHM) was dismissed by the prosecutor usually because evidence was lacking. Typically in a DV related setting such evidence is lacking because the alleged victim fails to cooperate with the state in prosecuting the defendant. The REO charge on the other hand is based on alleged conduct that the arresting police officer witnessed. So long as the state gets the REO to trial within 182 days from the date of arraignment they can prosecute.

  7. My boyfriend was charged with violating his probation. How much time could he get?

    Answered over 2 years ago.

    1. Salim A. Khayoumi
    1 lawyer answer

    In New Mexico, a defendant who violates a condition of his/her probation is typically returned to the judge who initially resided over the case for sentencing. It's up to the judge to decide what the punishment or sentence will be. Contributing to the delinquency of a minor is a 4th degree felony under NMSA 1978 §30-6-3; thus, the judge's sentence is limited to statutory maximum for that crime. However, the state (i.e. probation, DA's office) must prove that the defendant did in fact...