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House Defunds DEA Medical Marijuana Raids – Progress But By No Means Enough!

May 31, 2014, by Collins & Collins, P.C.

The House of Representatives voted on May 29, 2014 to defund DEA raids on medical marijuana in those states with legalized medical marijuana. This is certainly a step in the right direction. However, it is not enough.  The marijuana laws and penalties for violation remain largely unchanged. Passed with Bi-Partisan Support The amendment which would […]

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No Presentence Credit For Juvenile Youthful and/or Delinquent Offenders

November 19, 2012, by Collins & Collins, P.C.

The New Mexico Delinquency Act creates three different types of juvenile offenders. The juvenile criminal offender‘s classification is very important, because it determines whether they may be tried as an adult. This in turn will determine the possible penalties they can receive. A “serious youthful offender” is a child from 15 to 18 years old […]

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Collateral Consequences of Domestic Violence Findings Can be Worse than Criminal Penalties

July 5, 2012, by Collins & Collins, P.C.

According to the 2005 Survey of Violence Victimization in New Mexico, one out of every four adults in New Mexico will be a victim of domestic violence during their lifetime. In 2007, there were 22,286 domestic violence incidents reported to law enforcement within the state. Domestic violence is a serious crime with severe and far-reaching […]

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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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Felony Domestic Violence: Aggravated Assault Against a Household Member

March 31, 2011, by Collins & Collins, P.C.

A charge of domestic violence in New Mexico is always very serious. There are numerous and severe consequences for a domestic violence conviction. A charge of for felony domestic violence steps up the seriousness and the possible consequences. Most domestic violence is charged as a misdemeanor. As a misdemeanor, the maximum possible jail time is […]

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Driver‘s License Revocation Almost Certain with DWI Arrest in New Mexico

March 8, 2011, by Collins & Collins, P.C.

The first and among the most serious consequences a person arrested for DWI/DUI will face is the revocation of their driving privileges through Motor Vehicles Division (MVD). In fact, a DWI driver has only 10 days from the date of arrest to send in a Request for License Revocation Hearing to MVD. Failure to send […]

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Conditional Discharge Does Not Clean the Slate in New Mexico

February 8, 2011, by Collins & Collins, P.C.

In the case of criminal charges in New Mexico, a conditional discharge is often a very positive outcome. A conditional discharge will result in the eventual dismissal of the charges. A conditional discharge allows for the disposition of the criminal charges without an adjudication of guilt. This means that the defendant is never found guilty […]

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Expungement of New Mexico Criminal Records Difficult and Rare!

January 28, 2011, by Collins & Collins, P.C.

Expungement of a criminal record is very difficult, and in New Mexico very rare. In order to obtain an expungement, the defendant/petitioner must show extraordinary circumstances justifying the expungement. As it happens, this is a near impossible standard in New Mexico as the law now stands. The 2010 New Mexico Court Appeals case of State […]

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Stalking Quickly Escalates to Felony Charges in New Mexico

January 11, 2011, by Collins & Collins, P.C.

Stalking is a common domestic violence charge in New Mexico. The definition of stalking under the New Mexico statutes is fairly broad allowing prosecutors great latitude in bringing stalking charges. Under the statute, stalking is defined to include any of the following acts on more than one occasion: 1) following a person in a place […]

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Domestic Violence Early Intervention Programs in New Mexico

December 21, 2010, by Collins & Collins, P.C.

Many New Mexico courts, including Albuquerque‘s Metropolitan Court, offer a domestic violence early intervention program for first time offenders. In order for a candidate to enter the program, the defendant, district attorney and presiding judge must all agree to a referral to the Early Intervention Program. Assuming that the case is referred to the Early […]

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