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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 34060
Experience:  16 yrs. of experience including criminal law.
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I was convicted and sentenced to four and a half years

Customer Question

I was convicted and sentenced to four and a half years probation and was told that a restitution hearing should be with in 6 months after conviction they waited two years is that legal or did they violate the time frame of six months to call hearing and if so would I be able to file an appeal state of nm
Submitted: 1 year ago.
Category: Criminal Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

The law that covers this can be seen her

http://law.justia.com/codes/new-mexico/2013/chapter-31/article-17/section-31-17-1
The key portion is

At any time during the probation or parole period, the defendant or the victim may request and the court shall grant a hearing on any matter related to the plan of restitution.

So if you had 4.5 years of probation? The court can hold the restitution hearing at any time during that probation period.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that there was a 6 month window to hold the hearing, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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