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Stephen Aarons

Stephen Aarons

Aarons Law Firm PC
  • Criminal Law, DUI & DWI, Juvenile Law...
  • New Mexico
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Summary

Served as Judge Advocate in military overseas. New Mexico Public defender in 1980s handling death penalty trials. Private practice since then handling criminal defense cases from DUI and domestic violence to drug trafficking, sexual assault and murder cases in Santa Fe, Los Alamos, Espanola valley, Albuquerque and throughout New Mexico. Top rated by Martindale Hubbel lawyers.com, avvo.com and national organizations. Same day free consultation. Payment plan. 24 hour answering service. .

Practice Areas
  • Criminal Law
  • DUI & DWI
  • Juvenile Law
  • White Collar Crime
Additional Practice Areas
  • Domestic Violence
  • Drug Cases
  • Federal Crimes
Fees
  • Free Consultation
  • Rates, Retainers and Additional Information
    Same Day by Telephone or In Person. Affordable payment plans
Jurisdictions Admitted to Practice
New Mexico
10th Circuit
U.S. Supreme Court
Languages
  • Spanish: Spoken
Professional Experience
Senior Partner
Aarons Law Firm PC
- Current
Education
Saint Louis University School of Law
J.D.
-
George Washington University - Virginia Campus
B.A. | Political Science
-
Activities: National President, College Democrats of America
Awards
Perfect 10.0 Rating
Avvo
Superlawyers of New Mexico
Southwest Superlawyers
Highest "AV" Rating
Martindale Hubbell Directory
Professional Associations
National Association of Criminal Defense Lawyers
Member
Current
New Mexico State Bar
Member
- Current
United States Supreme Court
Member, Bar
- Current
Publications
Articles & Publications
Monster Slayer
Pinnacle Press
Websites & Blogs
Website
Website
Legal Answers
11 Questions Answered

Q. How long do you have to serve do the code 31-21-15
A: NMSA 31-21-15 deals with probation violations. If the judge finds by clear and convincing evidence that the probationer did violate the terms of his probation, the judge may decide not to impose additional time and release the defendant on time served. If the violation is serious, the judge may impose the entire sentence from the original conviction less whatever time has already been spent in jail, prison or probation. So if the original sentence was five years in prison with four years suspended and the defendant serves one year in jail and another year on probation, the judge may sentence up to 3 years, the time remaining under the original sentence. The judge usually has a wide latitude of discretion, in this example from zero to three years. It is impossible to say what the judge will do between the two extremes. Your lawyer will better explain based on all of the facts but no one knows until the judge announces the new sentence in court.
Q. I was subpoenaed to testify against my boyfriend in his probation revocation.
A: No, the 5th AMendment only allows you to remain silent if your answer could cause you to be prosecuted. Because you were not married at the time, there is not spousal privilege. You must appear for the subpoena and testify truthfully.
Q. Can an anklet be ordered on someone that is awaiting trial for a 2nd DWI charge that has not yet been convicted?
A: Yes, as a condition of release, the judge can require a GPS monitor or a Sobrietor. Often after a month or two, the defense lawyer asks the judge to review the conditions and remove the anklet.
Q. Can someone else blowing over the legal limit in your interlock without your knowledge send you to jail
A: Yes you could go to jail if the judge does not believe your boyfriend's testimony. If the judge thinks you were the one drinking, and your boyfriend is trying to cover for you, the judge can find that you violated the terms of probation and sentence you to incarceration for the balance of your suspended term. Let's hope the judge believe's your boyfriend's testimony.
Q. Can a Magistrate Judge be replaced by United States District judge
A: You must proceed to the Release Hearing with the magistrate judge but, if you do not like the ruling of the court, you have a right to appeal to the district judge. On appeal to the district judge, you can present any evidence that bolsters your claim that you are not a danger to the community nor a flight risk during the pendency of the case.
Q. My gf was arrested for battery and domestic i didnt press charges how long will she be in county
A: Despite what you see on TV, domestic violence victims do not "press charges" and you cannot "drop charges" either. The State of New Mexico filed the charges and the prosecutor is the one who proceeds further to trial, negotiates a plea agreement with the defendant, or dismisses the case. As the alleged victim, you can contact the Victims Advocate at the district attorney office where your girlfriend's case is being prosecuted. Although you cannot force them to drop the charges, the fact that you do not want the case to be prosecuted does play a role in how the case is likely to end up. There are other factors, such as whether they can prove the case without your cooperation, whether there is evidence of damage or photographs of physical injury. I do not have enough information on how long she will be in county. If she has no prior record I expect she will be released in a matter of hours or a day with instructions to return to court. The bigger question is what will happen with her case in the long run and your communication with the officer of the prosecutor should help her avoid more serious consequences.
Q. how can I get a copy of j&s
A: The Judgment & Sentence is a public record and anyone is entitled to a copy at a nominal price of about 25-50 cents per page. The best way to obtain a copy is to go the the criminal court clerk where the J&S was issued. Before the clerks can print out a copy for you, they will need the name of the defendant and perhaps the case number. You can google "new mexico case lookup" and track down the case number and also the county where the case was prosecuted.
Q. If I was facing a charge and it got dismissed..then a month later charged with the same charge..what should I do?
A: You need to hire an attorney or, if you cannot afford one, apply for the services of a free attorney at the Law Office of the Public Defender. Often when a charge gets dismissed, it is dismissed "without prejudice" which means the prosecutor can refile it. This dismissal and refiling usually happens in one of two ways. First, the prosecutor must wait for more evidence before proceeding forward with the case such as a DUI case in which there is not breathalyzer result and the prosecutor must wait for the laboratory results of a blood test to determine whether the driver was legally intoxicated. The more frequent situation is where the prosecutor allows the charge to be dismissed in the lower court and then obtains a grand jury indictment and files the felony case in the district court. But, again, you should get a free consultation with a lawyer who you are trying to hire, and let him read your papers and explain what happened and the next step in the criminal process.
Q. The arresting officer did not read me my rights when I was arrested for DUI. Can I get my case dismissed?
A: No. Despite what you see on TV, the failure to read your Miranda rights at a DUI arrest will have no impact on your case. Routine questions during a traffic stop to establish identity such as name, address, and your drivers license, proof of insurance and registration will not require a Miranda warning. Statements made before arrest and voluntary statements made after being arrested do not violate the Miranda rights as long as the police do not deliberately extract those statements. If your are arrested and interrogated about other crimes, then the duty arises to inform you of your right to remain silent and that whatever you say can be used against you and your right to an attorney. But in a typical DUI stop, there is no interrogation after your arrest and in all likelihood the prosecutor will not need to use your statements to convict you of driving while under the influence.
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Contact & Map
Law Office (across street from district courthouse)
311 Montezuma Ave
Santa Fe, NM 87501-3603
USA
Toll-Free: (888) 984-1120
Telephone: (505) 984-1100
Fax: (505) 984-1110
Los Alamos Magistrate and District Courthouse
2500 Trinity Dr
Los Alamos, NM 87544
USA
Toll-Free: (888) 984-1120
Telephone: (505) 984-1100
Fax: (505) 984-1110
Espanola Magistrate Courthouse
1127 Santa Clara Peak
Espanola, NM 87532-3217
USA
Toll-Free: (888) 984-1120
Telephone: (505) 984-1100
Fax: (505) 984-1110