A conviction for a felony may carry an additional mandatory sentence under the New Mexico Habitual Offender Statute, if you have prior felony convictions. If you have one prior, a year of mandatory prison time may be added to your sentence. If you have two prior felonies, two years may be added to your sentence, and if you have three prior felonies, four years of mandatory time can be added. And so on.
The habitual offender statute can be extremely unfair and harsh. It is important that you have an attorney to question whether this law applies to your case. For example, the state must prove your priors by providing specific information about each prior. Can the state adequately prove your prior convictions? Do those convictions satisfy the requirements of the Linum case? Can we negotiate with the state to drop some of my priors? These questions and many more should be evaluated in every case. Please call Aaron J. Boland for a free consultation.
Click her to see New Mexico Habitual Offender Statute.