Legal Question in Criminal Law in New Mexico

Misdemeanor conviction probation transfer question

1. My friend gets a DWI ticket (his 1st offense) while he was living in Texas (about 5 mos. ago).

2. In the meantime, he moved to NM.

3. Court date (End of Aug.) he flew back to TX to appear, charges dropped to Misdemeanor. Probation officer & Judge told him he would be able to transfer his probation (90 days) to NM. He pled guilty.

4. Yesterday (Sept. 14) probation officer called & said he had 10 days (Sept. 24) to get back to TX to serve his probation because NM would NOT accept transfers for misdemeanors. They (NM) would for FELONIES but NOT Misdemeanors.

Can this be true? He has a lawyer, which doesn't seem to be doing anything about it. My friend is very ''out-of-it'' over this. Who should I contact that may be able to help us with this? Probation officer in TX? District Attny in NM? Judge in Tx? Who?

Need Advice ASAP (hopefully within 2 days), B4 my friend does something stupid! Any advice would be gratefully appreciated.

Asked on 9/15/05, 10:22 pm

2 Answers from Attorneys

Nile Copeland Copeland Law Group, PLLC

Re: Misdemeanor conviction probation transfer question

This can even happen in certain counties in Texas where they want you to report to in that county. Granted that it may be an annoyance, an inconveience, and potentially costly but he still needs to meet with his probation officer in Texas.

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Answered on 9/16/05, 11:14 pm

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Misdemeanor conviction probation transfer question

There isn't much a TX lawyer can do. Your friend can file a Petition with the NM Interstate Compact Board, or in the District Court, but in the end rejection is usually final as the Board has the final say.

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Answered on 9/16/05, 8:41 am

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