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  1. #1
    Join Date
    Oct 2009
    Location
    Albuquerque NM
    Posts
    4

    Exclamation Unaware of Charges for Five Years, Officer is Now Inactive

    My question involves criminal law for the state of: New Mexico

    In 2004, I was at a local bar where I had gotten very intoxicated. I had walked next door at a circle K to buy a pack of cigarettes. I was stopped by a city police officer. I don't really remember much of the details except being questioned and lying on the ground covered in Pepper Spray. The next day, I awoke in the hospital not knowing where I was, still covered in pepper spray and with bruises from my ankles to my knees. I was in shock, I didn't know what had happened. No one had known what had happened to me in the hospital, except on my hospital papers it said I had been assaulted.

    Five years later, I was pulled over and was issued a citation. I went to court, agreed to pay a fine. While paying my fine I was told I had a warrant for my arrest, I had no knowledge of it, for Criminal Trespass statute 30-14-A1, Resist/evade/obstruct officer statute 30-22-1 and Failure to appear in court statute RCP 12-A. I bonded out, and have a court date set in less than 2 weeks. I later found out the officer is no longer active. What can happen? I have never been in trouble before.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Unaware of Charges for Five Years, Officer is Now Inactive

    You should consult a criminal defense lawyer. We don't know what happened, whether the officer involved is available to testify, or whether there are other witnesses available to testify, but as it stands the charge will go forward. Also, the RCP (I assume contempt) citation suggests that you were issued a court date but failed to appear. It would be helpful to review the court file and police report to find out how you were cited, and whether notice of the charge was sent to you by mail.

  3. #3
    Join Date
    Oct 2009
    Location
    Albuquerque NM
    Posts
    4

    Default Re: Unaware of Charges for Five Years, Officer is Now Inactive

    I went to Court today with a public defender. I plead Not Guilty. The judge dropped the Contempt charge, because I was unaware of the charges. A trial was set for next year February. In the mean time what can I do to prepare for court? I know that I am innocent to the above charges. I am not a criminal. I would've had no reason to resist. My only mistake was being intoxicated and trying to use a pay phone and buy cigarettes.

    Is there anything I can do to improve my chances of getting charges dismissed? Again I am new to this.

    Can I file a tort claim against the city? APD did have a high rate of misconduct early in 2004 and I did get hospital release papers stating that I was assaulted.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Unaware of Charges for Five Years, Officer is Now Inactive

    It's a bit unusual for a pay phone to be placed in an area that's not open to the public. Were you told to leave, but insisted upon staying to use the phone?

  5. #5
    Join Date
    Oct 2009
    Location
    Albuquerque NM
    Posts
    4

    Default Re: Unaware of Charges for Five Years, Officer is Now Inactive

    I don't think I was told to leave, if I was told to leave I would have. I am not a confrontational person. I wouldn't resist an arrest. My point is, I did nothing wrong, I was at a gas station trying to make a phone call. All I remember was my calves being hit with a baton, being pepper sprayed, lying on the ground not being able to breath and the gas station attendant pouring water on my face.

    I must have blacked, because I awoke in the hospital the next day not knowing where I was. No one in the hospital knew where I had came from except the ambulance brought me. On my hospital release forms it said that I was assaulted. I had a $500 hospital bill and another $550 bill for an ambulance.

    I couldn't have signed a citation or known I had to show for court. I didn't even know I had charges against me or was issued a citation. Thats why the Contempt charges were dropped.

    I was even hired as a Gaming Commission Agent Surveillance in New Mexico afterwards, they did a 15 year background check and found nothing.

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