Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

Got a littering ticket in New Mexico, cigarette out the

Customer Question
Got a littering ticket in...
Got a littering ticket in New Mexico , for a cigarette butt out the window . I never do this however I dropped it on my leg and first thought was to get rid of it and I picked it up and through it out the window . I work for a large big box retailer and in next in line for store manager , I can't not have a record , not sure how I should plea ?
Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 hours by:
1/22/2016
Lawyer: Zoey, JD, Attorney replied 2 years ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,871
Experience: Active member of the NYS bar since 1989
Verified

Hello,

Here is the New Mexico statute for littering. As you can see, it is a petty misdemeanor. That means it has a maximum penalty of 6 months in jail and/or a fine of up to $500. Community service -- the county will literally make you pick up litter -- can be available instead of jail time. Jail is not going to be a realistic possibility for something like this, which is good news. The bad news is that you would have a misdemeanor conviction on your record if you plead guilty to this charge.

As you are rightfully concerned with your criminal record because you are in line for a promotion at work, you should retain a criminal lawyer and let him work out something for you that will, if possible, keep you from getting a misdemeanor conviction. If you've otherwise had no difficulties with the criminal justice system, a lawyer may be able to convince the prosecutor to reduce this matter to a civil offense or to a traffic infraction. Failing that, he may be able to get you a diversion type of opportunity, where you serve a sentence consisting of fines, community service, and a brief period of supervision by probation, but when you successfully complete everything your charges are dismissed so that you don't carry them on your record.

If it's not possible for you to find a lawyer by your court date, you should plead NOT GUILTY when you are arraigned on the charges. Then you can ask the judge for a continuance to come back with your lawyer. A plea of not guilty is allowed even though you know that you did thrown the cigarette butt out of the window. It's the only plea that you can take that would allow you to work out a deal, because it's the only plea that keeps all of your rights and choices open.

The second you plead Guilty or No Contest, you are giving yourself a criminal conviction. So defendants should NEVER do that unless/until they have first worked out a deal that gets them what they want in exchange for the plea. Then they can take back their not guilty plea and plead guilty to get the promised deal.

Though this is not the world's most serious case, it has potential serious consequences for you. So have a lawyer with you on your court date and let him get you the most favorable disposition possible under the facts and circumstances of your case.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Zoey, JD Your Own Question
Zoey, JD
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,871
31,871 Satisfied Customers
Experience: Active member of the NYS bar since 1989

Zoey, JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Is it illegal to ash a cigarette out the window in NJ. Not
Is it illegal to ash a cigarette out the window in NJ. Not the butt...just the ashes. … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,260 satisfied customers
I'm going to court for a littering charge in Fairfax va, I
I'm going to court for a littering charge in Fairfax va … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,003 satisfied customers
How come I rec'd a summons to appear in court for throwing a
How come I rec'd a summons to appear in court for throwing a cig butt out the window? Why not just a ticket or fine? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I just got a ticket a potential litte which was a cigarette.
Hi, I just got a ticket for throwing a potential litte which was a cigarette butt. The police officer charged me $1025. I'm going to a court whenever they assign me to show up. My question is that I p… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I have a ticket for thoughinh a cigarette out of my car
I have a ticket for thoughinh a cigarette butt out of my car windows while driving , this happend in Oro valley , Arizona i don,t know what to expect , I have a court a month from now and i don,t know… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Was issued a criminal littering ticket in arizona 28-7056A
Was issued a criminal littering ticket in arizona 28-7056A for throwing a cigarette butt on the ground after coming to a complete stop. I picked the cigarette butt back off the ground. I only dropped … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I went to Albertson store May 30th ,2012 Wednesday Evening
I went to Albertson store May 30th ,2012 Wednesday Evening at Decatur & Craig Rd. and i was in there for two reasons to pickup my husband medicines which I paid for and left the pharmacy, and then i m… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I got a littering ticket for throwing a cigargette out my car
I got a littering ticket for throwing a cigargette out my car window at a stopped light. I'm really not even sure why I did that. I have an ashtray with cig buds in it. I never usually do that. Anyway… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I receive a ticket for littering - throwing unlit cigarette
I receive a ticket for "littering - throwing unlit cigarette butt" out the window. I did not. My employer is telling me they will not give me time off to go to court. I have called Hanover County, VA … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,003 satisfied customers
I got a ticket in Mesa, AZ because a cop thought I tossed a
I got a ticket in Mesa, AZ because a cop thought I tossed a cigarette butt out of the car window. I had not--had put it in an empty soda can--but did not find the can to show the cop. The max penalty … read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
I got a ticket in Arlington County, Virginia for littering.
I got a ticket in Arlington County, Virginia for littering. I threw a cigarette out of my car window, and was pulled over. I acceppted the ticket, but when I read it, I was shocked to see that I have … read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
Here is my question - my boyfriend was cited by an officer
Here is my question - my boyfriend was cited by an officer in Scottsdale, Arizona today for littering while driving my car - he a cigarette butt went out the window. It is a long story, but in short h… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
Ive got a ticket for littering a cigarette on a side walk
I've got a ticket for littering a cigarette on a side walk in front of a bar (Orange County CA). I have a court citation. How can I defend myself? I'm a legal foreign and I was not aware of this law. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,946 satisfied customers
I just got a summon to appear in Fairfax county court by a
I just got a summon to appear in Fairfax county court by a state trooper for littering: cigarette butt out the window. What are my options? Should I require a lawyer?… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
Can a policeman in PA pull you over when you leave a bar...realize
Can a policeman in PA pull you over when you leave a bar...realize your not drinking, get together with 2 other cops and come back & say I littered? (I didn't)… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
HOW CAN I BEAT A TICKET FOR VC23111 FOR ONE, I DONT EVEN SMOKE,
HOW CAN I BEAT A TICKET FOR VC23111? FOR ONE, I DONT EVEN SMOKE, FOR TWO, I DIDNT EVEN THROW A LIGHTED CIGARETTE OUT THE WINDOW, IT WAS A PASTACHIO SHELL. THANKS.… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
If someone is issued a ticket for criminal conversion but
If someone is issued a ticket for criminal conversion but was not told to sign by the officer, is it still valid and are items left OUTSIDE a goodwill box considered litter?… read more
Lawgirl
Lawgirl
Founder
Doctoral Degree
4,606 satisfied customers
I pulled was over for littering. They dropped littering ...
I pulled was over for littering. They dropped littering charge.can they still charge me fine from searching vehicle if charges for detaining me were dropped… read more
Muhammad
Muhammad
Master's Degree
154 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x