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Blog · January 12, 2016

Am I still Eligible for PreTrial Diversion when I’ve already completed PTI in another State? ~ Chosen as “Best Answer” by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Am I still eligible for a Pre-Prosecution and Diversion Program in New Mexico despite being in one in another state?  Back in mid 2014 I was arrested for drug paraphernalia and possession of marijuana in Illinois. Due to it being my first major offense I was given the chance to enter into a Deferred Prosecution Program. I successfully completed the program and all charges were entered as “No Plea Entered”. Recently I was arrested on domestic violence charges, Battery on a household member and assault against a household member, in New Mexico. Although I have done a Deferred Prosecution Program before in Illinois and have successfully completed the program can I possibly do the same for the domestic violence charges in New Mexico? Also in 2013 an ex-girlfriend and I had a fight, This was also back in Illinois, and the cops were called. Due to the altercation an Emergency Protection Order was placed on me and then later a petition for a Protection Order was started. Will this also have any affect on my current charges in New Mexico and trying to get a deferred or lighter sentence? What are my best options and how should I prepare for my case. 
A:     Chosen as “Best Answer” by Asker on www.AVVO.com

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Answered . I am not a NM lawyer and cannot comment on matters of NM law or procedure. However, had you asked this question in FL where I have been a criminal defense lawyer for nearly a quarter of a century then I would say: Get offline and STFU. You will only be disqualified if they catch you an opening your trap is a sure fire way to get caught (and disqualified).

I can;t speak to NM per se but, as a general rule, diversion is a program which is designed to make you think twice about future criminality by way of making you jump through a series of proverbial hoops during a period of supervision, successful completion of which results in a dismissal. The program is owned and operated by the State Attorney’s Office and they have absolute and unequivocal discretion as to whether to admit you, keep you or “graduate” you from their program.

As for the rest of your proffer, your criminal past is precisely that… yours. Count on it being used against you IF (caps intentional)… “if”… they find out. Again, the less said the better.

As to the new (NM) case, the best way for you to get competent advise is going to be to consult with an experienced and local criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and whatever evidence that you may provide and then offer an informed opinion.

You may or may not enjoy viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in your unique case, I do not know and the forum to find out is NOT on line; rather it is in the sanctity of attorney’s offices, where your statements are privileged and cannot be used against you.

My advise: GET OFFLINE (caps intentional) and into a skilled and experienced Las Cruces, NM area criminal defense lawyer’s office. Use the “Find a Lawyer” feature on AVVO to locate proximate lawyers, make an appointment, show up on time, bring whatever evidence, documents or witnesses that you may have, engage in a meaningful face-to-face consultation and get yourself some advise which is legally sound and has been custom tailored as possible to meet your specific reasonable needs in your unique case.

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


At Michael A. Haber, P.A. “Its all about reasonable doubt”!


Michael A. Haber, Esq. is prepared to speak with you about your case!


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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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