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Conditions of release Burglary, Arson, Home Invasion

Discussion in 'Criminal Charges' started by Tkcterry, May 21, 2021.

  1. Tkcterry

    Tkcterry Law Topic Starter New Member

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    I drive a tow truck and repair cars sell parts and I bought a car that I was reassured that wasn't stolen, something that I do often because of the work I do. About 3 mouths after I bought it the police show up and asked if I bought a car that they were looking for and I said I had it and walked them over to the car. I gave them the details on how I became in passion of the car and were satisfied with my statement and that it was consistent with the story that was given to them from the owner of the car. I helped them gather a few parts that was taken off the car and helped them with loading the car . While we were waiting for the tow truck to come I asked the officer to run all the other cars to see if any of them were stolen because I didn't want anything to do with that kind of conduct so he did and none of them came back as stolen. I say there was at least 10 other cars there at the time. They told me that i was fine and there was not going to be any charges filed against me and thank me for my cooperation to help them recover the car. A year later( around a mouth ago) I find out I have a warrant for possession of a stolen vehicle. I read the allegations and it is not at all how it went ,it was all fabricated lies . I have a pending case that I've been fighting for awhile now and its has gotten pretty ugly . I have conditions of release on the case I've been fighting and now they are going to violate me on my conditions, won't squish the warrant and want me to turn myself in. I feel this case was filed for the reason to have me locked up so that I don't have the fair ability to fight my case from out of custody. I need to fight this abuse of power and abuse of process that this administration of so called justice is trying to deprive me of my freedom and leave my dependents to fend for themselves and be out a home a father and husband. Please help anything that anyone could do would be greatly appreciated
    Thank you
     
  2. flyingron

    flyingron Well-Known Member

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    Yeah, you need an attorney. At this point, it's gone beyond self-help based on internet forum advice.

    Let me tell you that your story has holes in it. If you are in the business of dealing cars, you need to not take "assurances" of someone that the car is theirs when they turn it over for you. You need to make sure they have valid title and that title is conveyed to you.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    10 cars likely requires a dealer license so there's a bit of law-breaking there, too.
     
  4. Zigner

    Zigner Well-Known Member

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    I don't know if there's case law on it, but the statute doesn't even give a number required before one is considered a dealer:

    2011 New Mexico Statutes :: Chapter 57: Trade Practices and Regulations :: Article 16: Motor Vehicle Dealers Franchising, 57-16-1 through 57-16-16 :: Section 57-16-3: Definitions.


    B. "motor vehicle dealer" or "dealer" means any person who sells or solicits or advertises the sale of new or used motor vehicles. "Motor vehicle dealer" or "dealer" shall not include:

    (1) receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under judgment, decree or order of any court;

    (2) public officers while performing their duties as such officers;

    (3) persons making casual sales of their own vehicles duly registered and licensed to them by the state; or

    (4) finance companies, banks and other lending institutions covering sales of repossessed vehicles;
     
  5. army judge

    army judge Super Moderator

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    A criminal defendant is cloaked in the presumption of innocence.

    The state bears the burden of PROVING all they've charged.

    The accused isn't required to DO or SAY anything.

    The accused can stand MUTE at arraignment, requiring the court to enter a NOT GUILTY plea.

    If you find yourself accused of a crime(s) and unable to hire an attorney, the state will pay and appoint one to represent you.

    You're likely in the predicament today because you foolishly last year cooperated, aided, abetted, and blabbed your way into the charges you're facing today.

    This law professor explains it for the unitiated:




    Please stop speaking about this tragic event to anyone BUT your attorney.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    That statute, though it defines "dealer" has to do with franchising, not licensing.

    2019 New Mexico Statutes :: Chapter 57 - Trade Practices and Regulations :: Article 16 - Motor Vehicle Dealers Franchising

    The licensing statute is more interesting because it allows for the presumption that someone is a dealer, for the purpose obtaining an injunction against the activity.

    2019 New Mexico Statutes :: Chapter 66 - Motor Vehicles :: Article 4 - Licensing of Dealers and Wreckers :: Section 66-4-1 - Dealers, wholesalers and distributors of vehicles and title service companies must be licensed; presumption of conducting business.

    The enjoined, or prospective enjoined, person would have the burden of proving that he was engaging in
    "casual sales of their own vehicles duly registered and licensed to them by the state."

    To do that, OP would have to show that all 10 vehicles bore current registrations in his name which would require that he have the state's minimum required liability insurance on all the vehicles. I'd be very surprised if OP has done any of that. My guess is that the OP is possessing some, or all, of those cars on open titles without registration or liability insurance.
     
    army judge and Zigner like this.

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