Legal Question in Criminal Law in New Mexico

My sister-in-law and brother had a bad argument, which resulted in her being arrested for both aggravated battery and interference of a telecommunication. With a looming court date approaching, what should she do? And are there any efforts she could show the judge to help her, such as registering for perhaps an Anger Management Class? I appreciate any assistance, especially since they have a new baby. I'm even wondering if since they do have the new baby, and she is the sole caregiver, can this fact or proof of; also give her a leg up? Please help!

Thank you,

Courtney L. DeHoog


Asked on 5/24/10, 5:43 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

They should both be in relationship counseling. Having an active plan when going to court is a good idea, and shows that they intend to do something to end domestic violence, not just get her off so it will happen again. If the husband advises the court that he forgives the act and will cooperate with his wife to see that it does not happen again, then the argument can be that with commitment and counseling she should be on probation for a time after which charges could be dropped if she successfully completes probation and there are no other incidents.

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Answered on 5/25/10, 11:34 am


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