In New Mexico if the person you had sex with did not give consent to have sexual intercourse with you, then you can be charged with rape.

It is not whether or not you consented, you must prove that he or she consented to sexual intercourse with. The most common scenario in this type of scenario is with acquaintence rape or date rape, where the accused knows the victim, alcohol is involved, and there is an honest mistake consent was granted, but later, the victim does not recall giving consent and the accused is brought up on charges of rape.

Then it’s time for a talented attorney to prove the sex was consensual.

If you or a loved on have been arrested for rape in the Albuquerque area, call my office 24/7 at 505-750-8442 today for a free consultation.

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If the victim does not cooperate in a DV case, the DA has no case to pursue unless there are eye-witnesses to the crime.

In most cases, the ADA dismisses the case if the victim does not show to court on the day of trial.

If you or a loved on have been arrested for DV in Albuquerque or in the Albuquerque area in particular, call my office 24/7 at 505-750-8442 today for a free consultation.

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What Are The Penalties For Marijuana Possession?

March 4, 2014

For a first time offense, if you possess up to one ounce, penalties include a fine between $50 and $100, up to 15 days in jail, or both. If you possess one to eight ounces, penalties may include a fine, $100 and $1,000, up to one year in jail, or both. If there is an […]

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What Is Battery Against A Household Member?

March 4, 2014

Battery against a household member is also called a crime of domestic violence. Usually, the victim(s) and the defendant live together in the same house when a battery (an unlawful, offensive touching or striking on another person) occurs. If you or a loved on have been arrested for DV in Albuquerque or in the Albuquerque […]

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What Jail Time Can I Receive For Felony Assault?

March 4, 2014

The maximum jail sentence you can receive for felony assault in New Mexico is eighteen (18) months. If you or a loved on have been arrested for assault in Albuquerque or in the Albuquerque area in particular, call my office 24/7 at 505-750-8442 today for a free consultation.

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What Is The Penalty For Drug Trafficking?

February 19, 2014

A person may face nine (9) to eighteen years in jail for drug trafficking. If you or a loved one have been arrested for drug trafficking in the Albuquerque area, call my office 24/7 at 505-750-8442 today for a free consultation.

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Is Drug Trafficking A Felony?

February 19, 2014

Drug trafficking is a second degree felony for the first offense and for subsequent offenses or selling in a school zone, it is a first degree felony. If you or a loved one have been arrested for drug trafficking in the Albuquerque area, call my office 24/7 at 505-750-8442 today for a free consultation.

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Is Drug Possession A Felony?

February 19, 2014

Not in all instances. You can lawfully possess certain drugs if you are legally prescribed the drug. Some drugs can never be legally purchased and are punishable under law. Depending on type and quantity of drugs a person is caught with will determine if a person is charged with a petty misdemeanor, misdemeanor or felony. […]

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What Is The Penalty If You Are Convicted Of Rape In A “Date Rape” Situation?

February 19, 2014

If you are convicted of date rape you may face from 18 months to 9 years in prison. If you or a loved one have been arrested for rape, sexual assault or other sex crime in the Albuquerque area, call my office 24/7 at 505-750-8442 today for a free consultation.

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What Is Date Rape?

February 19, 2014

In New Mexico, date rape, or acquaintance rape, is a sex crime usually charged as criminal sexual penetration. Usually under a “date rape” scenario, the alleged victim and the defendant know each other. In a common date rape scenario, a couple goes on a date, alcohol is consumed and intercourse takes place. The next day, […]

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