Attorney Steve Aarons (505) 984-1100

Who’s Who

aar095 — Tue, 20 Dec 2011 13:07:56 +0000

From: Marquis Who’s Who [mailto:MarquisWhosWho@e.marquiswhoswho.com]
Sent: Monday, December 19, 2011 9:01 PM
To: info@aarons.org
Subject: See who’s new to Who’s Who in the World

Dear Stephen Aarons,

Who’s Who in the World 2012 (29th Edition) has just been published and I’d like to share with you some of the fascinating people whose biographies will appear in the book – alongside your own – for the very first time.

Each year our staff researches people from around the globe who merit inclusion in Who’s Who in the World. Beginning with the first edition of Who’s Who in America in 1899, which featured such luminaries as Thomas Edison and Mark Twain, Marquis Who’s Who publications have represented the most comprehensive sources available for information on human achievement.

Here are just a few of the latest leaders and innovators to be included in Who’s Who in the World:

Catherine, Duchess of Cambridge (née Kate Middleton), named one of The 100 Most Influential People in the World in 2011 by Time magazine.

Women’s rights activists Leymah Gbowee and Tawakkul Karman, co-recipients of the 2011 Nobel Peace Prize, along with longtime listee Ellen Johnson-Sirleaf.

Didier Faivre, recently appointed Director of the Galileo program and navigation-related activities for the European Space Agency.

Professional cyclist Cadel Evans, winner of the 2011 Tour de France.

Dilma Rousseff, inaugurated in 2011 as the first female President of Brazil.

Architect Eduardo Souto de Moura, known for such works as the Paula Rego Museum and recipient of the 2011 Pritzker Architecture Prize.

Activist artist Ai Weiwei, topped ArtReview magazine’s 2011 Power 100 and runner-up for Time’s 2011 Person of the Year.

Carolyn S. Miles, newly appointed President and CEO of Save the Children.

We are proud to have you as a member of the Marquis Who’s Who family and to welcome you into the 2012 Edition of Who’s Who in the World. On behalf of our entire team, congratulations and I wish you the best of luck for your continued success.

Sincerely,

Fred Marks
Editor-in-Chief
Copyright (C) 2011 by Marquis Who’s Who LLC. All rights reserved.

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Cordova Trial Will Proceed

aar095 — Sat, 10 Dec 2011 01:51:26 +0000

By Vic Vela / Journal Staff Writer on Fri, Dec 9, 2011

A Rio Arriba County vehicular homicide case will survive, even though the truck allegedly driven by the defendant in a fatal Memorial Day weekend crash did not.

A judge Thursday denied a defense motion to dismiss charges against Juan de Dios Cordova, despite his lawyers’ argument that Cordova’s ability to defend himself has been prejudiced because his truck was crushed into scrap metal instead of held as evidence.

State District Judge T. Glenn Ellington did say that Cordova has legal remedies to ensure that he gets a fair trial. His defense attorneys maintain that the pickup is “the most important piece of evidence in this case.”

Also Thursday, on a secondary matter, the judge denied defense motions that sought to have Rio Arriba County Sheriff Tommy Rodella held in contempt of court for testimony during a preliminary hearing on Cordova’s case and for comments he made in a radio interview.

Cordova, 56, is alleged to have been drunk behind the wheel on the High Road to Taos on May 28, before striking and killing motorcyclist Mark Wolfe, 51, of Algodones. Wolfe’s wife, Debbie Hill, 50, was seriously injured. Other friends who were part of a group on motorcycle riders returning from a rally in Red River were also hurt.

Cordova is accused of fleeing the scene and ditching his truck along the side of the road. He was arrested later at his home in Cordova. A blood sample taken several hours after the wreck showed his blood-alcohol concentration was 0.14 percent, nearly twice the state’s presumed level of intoxication.

Cordova has claimed he wasn’t driving when the fatal wreck occurred.

He faces one count of vehicular homicide; two counts of great bodily injury by vehicle; two counts of aggravated DWI; and one count of leaving the scene of an accident.

The truck that hit Wolfe, which was supposed to held as evidence, was destroyed in a mishap involving a towing company owner who was storing the truck for the Rio Arriba County Sheriff’s Office. Freddie Seeds, owner of Total Secure Towing in Española, sold it as scrap metal and has said he had a deputy’s approval to release the truck.

Representatives of the Sheriff’s Office and the District Attorney’s Office have denied ever giving Seeds permission to release the vehicle. They found out it had been destroyed during a preliminary hearing on Cordova’s charges that started in September.

Cordova’s Public Defenders Damian Horne and Kathryn Fischer argue that the state had a duty to preserve the truck. The defense attorneys contend the truck had “mechanical defects” that contributed to the wreck, and it can never be tested by an expert witness. They also claim they’re not able to put on evidence that the pickup’s tires blew out before the crash.

“And we’ll never know because the vehicle is now in a cube,” Fischer said.

Fischer also argued that, because forensics evidence can no longer be collected from the truck, proof of whether Cordova was even behind the wheel has been lost. “We believe at this point that it’s game over,” she said.

‘Murky waters’

Chief Deputy District Attorney Juan Valencia conceded the truck’s importance in the case, but said that it wouldn’t be prudent to dismiss the charges against Cordova outright.

“The defense is asking for you to wade into very murky waters on what the destroyed truck might prove,” the prosecutor said. “There’s so much other evidence that the jury is entitled to hear.”

Valencia also said that the DA’s Office “could not anticipate” the actions of the towing company owner Seeds. The prosecutor said Seeds was “operating under his own thought process” and should have known better than to get rid of a truck in a vehicular homicide case.

Fischer said that regardless of how the truck came to be destroyed and whose fault it was is a “red herring.”

“None of that matters,” she argued. “… We have nothing. We’ve been left with nothing.”

Ellington agreed that the state “clearly had a duty” to preserve the truck, and the pickup and the evidence associated with it is “material” to the case. But, the judge said, “It is possible to construct remedies to protect Mr. Cordova’s due process rights without dismissal of the case.”

The judge said the defense will be allowed at trial to put on expert testimony about what could have been gained by preserving the truck, as well as “how it came to be destroyed.” The defense team will also be “allowed to argue mechanical failure was a possibility.”

As for what led to the truck’s demise, Chief Deputy District Attorney Dorie Biagianti Smith said State Police is expected to report findings by January.

Contempt charges

Another issue taken up by Ellington on Thursday were accusations by the defense attorneys that Rio Arriba County Sheriff Tommy Rodella had committed contempt of court.

Two contempt motions were filed. One of them deals with Rodella’s court testimony about telephone conversation he had with a deputy, Paula Archuleta, who is at the center of a dispute over who authored a particular Sheriff’s Office report.

Horne accused Rodella of stating “outright falsehoods” in his testimony during the preliminary hearing about the duration and nature of his phone call with Archuleta.

Rodella’s attorney Stephen Aarons countered that the sheriff is standing by his testimony and that “there has to be a knowing falsehood” present for contempt.

Horne’s other contempt motion is critical of Rodella for going on a radio show and praising his deputies for their “exceptionally fine work in the case,” even though the judge had told the sheriff not to discuss the case.

Rodella’s “self-congratulatory oration about having gotten their man” over Rio Arriba County airwaves “virtually destroyed” Cordova’s shot at getting a fair trial there, Horne argued.

Aarons said that there was no gag order in place during or after the preliminary hearing, and the sheriff was trying to defend his office’s handling of the Cordova case. “Attacks on him and the department were made,” Aarons said. “He felt there was another side of it that [wasn't] discussed in court.”

The judge rejected both contempt motions. Ellington said the statements that the sheriff made on the radio were akin to protected “political speech.”

But the judge did order that “no more statements be made publicly in order to protect the (jury pool).”

As for the other contempt issue, the judge said that “the court knows (contempt) when it sees it. It is an affront on the process and proceedings (of the courtroom),” a line that apparently Ellington didn’t think Rodella crossed.

Reprint story

– Email the reporter at vvela@abqjournal.com. Call the reporter at 505-992-6277

198 Santa Fe Bail Bond

aar095 — Thu, 08 Dec 2011 20:10:47 +0000

Get Out of Jail as Soon as Possible

Has a loved one been arrested?

What to expect in the next few days

The Judge thinks about two things when setting bail in a case:

is this person a flight risk who may flee New Mexico or fail to return to court for later hearings?
Could this person be a danger to the community if released from jail?

An experienced Santa Fe Bail Bond lawyer can appear at the first court hearing, or file a Motion to Reduce Bond right after that hearing. The lawyer’s very first task is to tell the court about the defendant.

Keywords: santa-fe-bond, santa-fe-jail, santa-fe-warrants, criminal defense, santa-fe-attorneys, santa-fe-child-abuse, santa-fe-criminal-defense, santa-fe-domestic-violence, santa-fe-drugs, santa-fe-drugs-distribution, santa-fe-drugs-possession, santa-fe-drugs-traffic, santa-fe-dui, santa-fe-death-by-vehicle, santa-fe-harm-by-vehicle, santa-fe-driving-suspended, santa-fe-driving-revoked, santa-fe-dwi, santa-fe-lawyers, santa-fe-robbery, santa-fe-sex-crimes, santa-fe-csc, santa-fe-csp, santa-fe-vehicular-homicide, santa-fe-violent-crimes %M d, Y%

199 Santa Fe Child Abuse

aar095 — Thu, 08 Dec 2011 19:02:00 +0000

Child Abuse Charges in Santa Fe?

You may feel overwhelmed, frightened, but a serious accusation like Child Abuse calls for action, not feelings. The best solution begins with a single step: finding a good lawyer. Before arrest, you lawyer may convince the prosecutor not to file child abuse charges or at least to issue a summons, avoiding the embarrassment of arrest and jail until the first hearing.

Contact Steve Aarons for a free consultation

Lawyers talking child abuse cases in Santa Fe typically offer free consultations by phone, e-mail and in person. There is never any obligation to hire a lawyer, especially in this type of criminal case. Consultations are an excellent way to gain trust and confidence in your decision to hire me. Often the question is not who to hire, but whether the family can afford a private lawyer instead of a public defender.

Day or Night: 505-984-1100 or info@aarons.org

During regular business hours (9-5, M-F) you may reach my legal secretary. She will ask for some basic information about your case and look online for more information so that I can properly evaluate your case. If you happen to catch me in the office, we can talk right away or as soon as I return. If we are both out of the office, leave a quick message and we will call you right back. After hours, voice messages and emails are forwarded to both of our cell phones to answer only if time permits. Rest assured, we will contact you the next business day.

More Information: criminal defense, santa-fe-child-abuse, santa-fe-criminal-defense, santa-fe-domestic-violence, santa-fe-violent-crimes, santa-fe-assault, santa-fe-battery, santa-fe-false-imprisonment, santa-fe-kidnap %M d, Y%

November 2011 Opinions

aar095 — Thu, 08 Dec 2011 04:09:09 +0000

November 2, 2011 — Volume 50, No. 43

From the New Mexico Supreme Court

2011-NMSC-038, No. 32,130: State v. Cruz – Defendant was convicted of issuing payroll checks with insufficient funds to cover them. Because the worthless checks were issued a week after the last day of the pay period, the Court of Appeals reversed the convictions, relying on previous opinions to conclude that the Worthless Check Act, NMSA § 30-36-1, et seq. only to a “contemporaneous exchange” and not to pre-existing or antecedent debts. Supreme Court reversed and remanded, rejecting the time distinction as inconsistent with the clear legislative intent and purpose of the Act.

From the New Mexico Court of Appeals

2011-NMCA-096, No. 30,014: State v. Cotton – Defendant appealed conviction of aggravated DWI, negligent child abuse not resulting in great bodily harm or death, and resisting, evading, or obstructing an officer. Defendant appealed. Court of Appeals affirmed in part, reversed in part, and remanded for resentencing, holding: (1) evidence was insufficient to establish that defendant had operated a motor vehicle while impaired; (2) evidence was insufficient to support child abuse conviction; and (3) evidence was sufficient to establish that defendant resisted or abused officer in the lawful discharge of his duties.

November 9, 2011 — Volume 50, No. 44

From the New Mexico Court of Appeals

2011-NMCA-098, No. 28,898: State v. Ebert – Defendant appealed conditional guilty plea to child solicitation by computer. Court of Appeals affirmed, holding that: (1) statute criminalizing child solicitation by an electronic communication device was not facially overbroad in violation of the First Amendment; (2) failure to include “unlawful” in the statute criminalizing child solicitation by an electronic communication device did not render the statute facially overbroad; (3) statute was not unconstitutionally vague in violation of Due Process Clause; and (4) statute did not violate the Commerce Clause.

2011-NMCA-101, No. 30,285: State v. Block – After Secretary of State assessed fines against candidate for violations of the Voter Action Act, Attorney General filed criminal charges against candidate and his father for violations of the Act. District Court dismissed. State appealed. Court of Appeals reversed, holding (as matters of first impression) that (1) Act did not limit Attorney General’s authority to initiate criminal proceedings for violations of the Act, and (2) civil penalty authorized under Act was not considered punishment for double jeopardy purposes and, thus, it did not preclude subsequent criminal prosecution for same conduct against which civil penalty was assessed.

November 16, 2011 — Volume 50, No. 45
From the New Mexico Court of Appeals

2011-NMCA-102, No. 28,219: State v. Davis – Defendant entered conditional guilty plea to possession of a controlled substance and appealed, challenging denial of his motion to suppress. Court of Appeals reversed, holding that defendant’s consent to police search of his property was not voluntary. Although Defendant gave specific and unequivocal consent, Court of Appeals concluded that the consent was given under duress and coercive circumstances. Defendant was surrounded by numerous uniformed, armed law enforcement officers and several law enforcement vehicles while a helicopter hovered overhead.

2011-NMCA-105, No. 29,791: State v. Randy J – Juvenile, against whom delinquency petition had been filed alleging that juvenile had committed, among other offenses, driving under the influence (DUI), filed motion to suppress any statements or admissions he made to police officer during traffic stop, as well as any evidence obtained pursuant to those statements. District Court granted motion. State appealed. Court of Appeals reversed and remanded, holding: (1) juvenile’s lack of muscle coordination during field sobriety tests was not a “statement” subject to suppression under statute providing that if a child is not advised of the right to remain silent (NMSA § 32A-2-14), any statement or confession obtained as a result of the detention is inadmissible in any delinquency proceeding; (2) juvenile’s response to officer’s request that he count during one-leg-stand field sobriety test was not a “statement” under the statute; (3) juvenile’s consent to submit to a blood test under the Implied Consent Act was not a “statement” subject to suppression under the statute; (4) results of juvenile’s blood test, administered to him under the Implied Consent Act, was not a “statement” subject to suppression under the statute; and (5) officer had reasonable suspicion to expand scope of traffic stop to investigate juvenile for DUI.

November 23, 2011 — Volume 50, No. 46

From the New Mexico Supreme Court

2011-NMSC-039, No. 32,131: Wachocki v. Bernalillo County Sheriff’s Department – Supreme Court clarified that that recovery for loss of consortium may extend to sibling relationships; however, the facts presented in the case did not exhibit the mutual dependence required for recovery. Supreme Court affirmed Court of Appeals, which had reached a similar conclusion.

From the New Mexico Court of Appeals

2011-NMCA-107, No. 30,044: State v. Combs – District Court denied Defendant’s Motion to Suppress identification. Court of Appeals reversed. Very fact specific case: Just before officer entered a magistrate courtroom to testify at Defendant’s preliminary hearing, he was shown a large mug shot of Defendant and told that she was the driver to whom officer had issued a routine traffic citation two months earlier. Officer was also told that Defendant had given officer another person’s identifying information when the citation was issued, and that Defendant had been charged with forgery as a result. Officer then entered the courtroom and identified Defendant as the driver who had received the citation. Court of Appeals concluded that showing officer the mug shot immediately prior to his in-court identification of Defendant was highly suggestive and that the identification lacked other indicia that it was reliable.

November 30, 2011 — Volume 50, No. 47
From the New Mexico Court of Appeals

2011-NMCA-109, No. 30,001: State v. Frohnhofer – Defendant convicted of aggravated battery against a household member and false imprisonment. Defendant appealed. Court of Appeals affirmed, holding (as a matter of first impression): speedy trial provision of Interstate Agreement on Detainers (IAD) did not apply to defendant who was released on parole by sending state.

217 Santa Fe Internet Crimes

aar095 — Thu, 08 Dec 2011 03:55:33 +0000

Internet Crimes – Santa Fe

Do you suspect you may be under investigation for internet crime? Has someone been charged for this offense?

A broad number of criminal offenses involve the internet, including identity theft, fraud, hacking, prostitution and even stalking. These offenses are serious and may qualify as federal crimes, meaning that a federal agency may be involved in its investigation and prosecution. The sooner you consult with an experienced internet crime defense attorney, the better. These offenses are often highly technical and will involve evidence which was procured through the internet or computers. The evidentiary issues are daunting for both sides.

Errors made by law enforcement, violations of your Constitutional rights and deviations from standard procedure may offer your defense lawyer grounds to challenge your charges. Sometimes it comes down to the smallest details of a case. With the proper experience and commitment your lawyer may make a difference in terms of the outcome of your case. Attorneys often say that each case is different, and this is particularly true in internet cases.

Being accused of an internet sex crime, for example, is very unsettling. Internet sex crimes punishable by imprisonment in state prison and heavy fines, but if convicted you may face mandatory sex offender registration for life. Such heavy penalties will have a considerable impact on the defendant’s life, livelihood and reputation. Some examples of what may be considered internet sex crimes include child pornography, luring a minor over the internet or using the internet to commit or contribute to any type of sex offense.

Other internet crimes fall more into the category of white collar crime and fraud. These include internet investment fraud, internet auction fraud, phishing, spoofing, hacking and identity theft. These cases have the potential to be highly complex in terms of the schemes alleged and the method of prosecution.

You need to consult an attorney as soon as possible. This will give yourself the best chance at a successful outcome.

Court of Appeals holds Child Solicitation by Computer statute to be constitutional

Internet, Sex, Crimes, Attorney, Lawyer, Santa Fe, New Mexico %M d, Y%

Child Solicitation by Computer

aar095 — Thu, 08 Dec 2011 03:51:20 +0000

231 Santa Fe Battery

aar095 — Wed, 07 Dec 2011 16:00:35 +0000

Someone Arrested in Santa Fe for Battery, and Needs Your Help?

You may feel overwhelmed and frightened, but battery charges call for action, not feelings. The best solution begins with a single step: finding a good lawyer.

There are more criminal defense lawyers in Santa Fe than in rural New Mexico, but throughout our sparsely populated state, only a handful of criminal defense lawyers have much experience handling crimes of violence like battery, aggravated battery, battery with a deadly weapon, and battery on a household member. None are rated higher among our fellow lawyers and judges. For example, I have handled over a hundred murder cases including 13 capital trials before our state abolished the death penalty. I have been lead counsel for several death penalty and countless crimes of violence trials in Santa Fe as well as Albuquerque, Tucumcari, Clovis, Portales, Roswell, Hobbs, Fort Sumner, Las Vegas, Tierra Amarilla, Santa Fe, Los Alamos, Estancia, Sandoval County, Los Lunas, Socorro, Truth or Consequences, Las Cruces, Reserve, and the list goes on.

I would like to think I have made a difference in case involving crimes of violence. But no lawyer, no matter how experienced, can promise you a miracle. Violent cases depend heavily on the facts developed before trial. But I can guarantee you whatever time and energy it takes to give everything I have to work toward the best possible result in your case. The rest is out of my hands.

Contact Steve Aarons for a free consultation

Criminal Defense Lawyers offer free consultations by phone, e-mail and in person. There is never any obligation to hire an attorney, especially in this type of case. Consultations are an excellent way to gain trust and confidence in your decision to hire me. Often the question is not whether to hire me, but whether the family can afford a private lawyer. Let’s face it, trials are expensive and time-consuming if done right.

Day or Night: 505-984-1100 or info@aarons.org

During regular business hours (9-5, M-F) you may reach my legal secretary who will want some basic information about your case. If you happen to catch me in the office, we can talk right away or as soon as I return. If we are both out of the office, leave a quick message and we will call you right back. After hours, voice messages and emails are forwarded to both of our cell phones to answer only if time permits. Rest assured, we will contact you the next business day.

Santa Fe, New Mexico, NM, aggravated, deadly weapon, battery, household member, assault, criminal, defense, lawyer, attorney, santa-fe-violent-crimes, santa-fe-battery %M d, Y%

230 Santa Fe Assault

aar095 — Wed, 07 Dec 2011 15:51:03 +0000

Someone Arrested in Santa Fe for Assault, and Needs Your Help?

You may feel overwhelmed and frightened, but assault charges call for action, not feelings. The best solution begins with a single step: finding a good lawyer.

There are more criminal defense lawyers in Santa Fe than in rural New Mexico, but throughout our sparsely populated state, only a handful of criminal defense lawyers have much experience handling crimes of violence. None are rated higher among our fellow lawyers and judges. For example, I have handled over a hundred murder cases including 13 capital trials before our state abolished the death penalty. I have been lead counsel for several death penalty and countless crimes of violence trials in Santa Fe as well as Albuquerque, Tucumcari, Clovis, Portales, Roswell, Hobbs, Fort Sumner, Las Vegas, Tierra Amarilla, Santa Fe, Los Alamos, Estancia, Sandoval County, Los Lunas, Socorro, Truth or Consequences, Las Cruces, Reserve, and the list goes on.

I would like to think I have made a difference in cases where the charges include assault or assault on a household member. But no lawyer, no matter how experienced, can promise you a miracle. Assault cases depend heavily on the facts developed before trial. But I can guarantee you whatever time and energy it takes to give everything I have to work toward the best possible result in your case. The rest is out of my hands.

Contact Steve Aarons for a free consultation

Day or Night: 505-984-1100 or info@aarons.org

assault, household member, Santa Fe, New Mexico, NM, aggravated, deadly weapon, criminal, defense, lawyer, attorney, santa-fe-violent-crimes, santa-fe-assault 12/1/2011