State of NM - Ajudication Withheld - Once probationary period is successfully completed the sentence should not be imposed on the client form my understanding...What happens if the sentence is imposed despite the probationary period successful completion and ajudication withheld?
Asked on 11/20/10, 10:22 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
The facts you provide indicate a probation violation, and an adjudication of guilt and the imposition of a sentence - all which would have been done initially but for the deferring of the adjudication. In other words, the actions you describe are not legal in the absence of a probation violations, and, if accurate, provide a basis for an appeal, if there is still time, or the filing of a petition for a writ of habeas corpus. Since I have not seen this done in more than 40 years of practice, I suspect there are additional facts which would change the answer if known.
Answered on 11/26/10, 7:52 am
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