or is it completely up to the defense to prove their innocence.
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.See question
My first and ONLY dwi of 35 years of clean driving record, paid and complied with every demand, full compliance to the letter of law. Over 7 years later, a new law in affect, they pull up an old dui, refuse my license and extorting more money fro...
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 New Mexico's serious drunk driving problem coupled with the State's duty to protect the general public along with its authority to pass measures that ensure the safety of the general public.See question
I was picked up for a first dwi. I ws in jail for a couple of days until i posted 6k for bail. I had an arraignment hearing about a month later where i plead Not Guilty, Today i received a letter stating that i need to appear for a bond arraign...
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 will advise you to retain counsel if you don't have one yet. Do not expect the judge to warn you to hire counsel at the next trial setting!!
In addition to the aforementioned, the date of bond arraignment also marks the 1st day of the 182 day rule (6 month rule). This means that the State must prosecute your case within 182 days of arraignment.See question
it happened in 2008 and it was dismissed
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 exchange for dismissal of some or all peripheral criminal charges.
In addition, the judge may defer the DWI charge for a year and then dismiss the DWI if all conditions are met; however, the defendant needs to know that even if he/she completes the 1 year deferment and the DWI is dismissed, they would still have a prior DWI on their record. For instance, if in the future the defendant were to get another DWI it would be considered a 2nd DWI despite the judge’s dismissal. After all, the defendant did plea guilty or no contest when entering into the plea agreement for the prior DWI. In a nutshell, a DWI lasts forever.
Now, if the defendant was acquitted of the DWI charges or the charges were dismissed before a plea agreement was made then the aforementioned does not apply and defendant shouldn’t have a record of a prior DWI and there would not be a case with a “pending status”.
I got a letter from the court today & I Already had a court date on Friday, but now they're saying next month. I'm confused as to what that means.
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.See question
Originally charged with battery on a household member, and resisting arrest. Battery charge has been dismissed due to lack of evidence.
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.See question
His original charge was contributing to deliquency of a minor
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 violate a condition of his/her probation. It's a good idea to consult with an experienced licensed New Mexico criminal defense attorney who can fight the probation violation at a court hearing.See question