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Marijuana Legalization in New Mexico: One Step Forward, Two Steps Back!

February 21, 2014, by Collins & Collins, P.C.

Legalization of marijuana is a very hot topic right now. Two states have legalized recreational use while 20 others have legalized medical marijuana. The majority of Americans are in favor of legalization of recreational use, while an overwhelming majority is in favor of legalization for therapeutic uses. NORML (National Organization for the Reform of Marijuana […]

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Constitutional Amendment for Marijuana Legalization in New Mexico – Good News, Bad News?

January 8, 2014, by Collins & Collins, P.C.

The Albuquerque Journal recently reported that State Senator Gerald Ortiz y Pino plans to introduce a constitutional amendment to legalize recreational marijuana in New Mexico. The Senator plans to model the amendment after the recently passed legislation in Colorado. Both the Albuquerque Journal and Albuquerque Business First point out that the amendment will face some […]

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Criminal Statutes to be Read With Common Sense – Ice and Water Insufficient for Criminal Charges in New Mexico

August 28, 2013, by Collins & Collins, P.C.

Law enforcement and prosecutors often try to stretch the definitional boundaries of criminal law statutes. On occasion, these attempts defy reason and logic. That was the case addressed recently by the New Mexico Court of Appeals case of State v. Alverson. In that case, the issue was whether dry ice and water with the potential […]

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New Mexico Domestic Violence Laws

April 24, 2013, by Collins & Collins, P.C.

In New Mexico there are several laws that protect victims from domestic violence crimes. These laws set forth specific penalties for certain violent behaviors. Generally, under New Mexico law a crime may be considered a domestic violence crime if it includes a pattern of controlling behavior directed at an intimate partner or that person‘s property, […]

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Do Minors Have Broader Rights Under the 4th Amendment Than Adults?

April 23, 2012, by Collins & Collins, P.C.

The 4th Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures. The New Mexico Children‘s Code further protects juveniles and sometimes expands their constitutional rights. In a recent opinion involving juvenile criminal charges, however, the New Mexico Court of Appeals held that in relation to 4th Amendment searches and seizures, under the […]

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Blanket Employer Discrimination for Arrest Record (v. Conviction) Violates Title VII

January 9, 2012, by Collins & Collins, P.C.

It is not unusual for a person to be arrested but never charged. It is also not unusual to be arrested and charged, but not convicted. When either of these situations arises, among the first concerns is the effect that the arrest will have on future employment. The case-law and the EEOC make clear that […]

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10th Circuit Holds Common Drug Dealer Does Not Make a Conspiracy

January 2, 2010, by Collins & Collins, P.C.

The 10th Circuit Court of Appeals ruled that a common drug supplier does not make a conspiracy. In U.S. v. Caldwell, Michael Caldwell was convicted for conspiracy to distribute marijuana with two other individuals based upon the mere presence of a common supplier to Caldwell and another party. The jury determined that the three men […]

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