We were contacted by a potential client today asking an all too common question regarding a possible New Mexico Department Game and Fish administrative revocation.  The story usually goes something like this, a potential client has plead no contest/guilty at arraignment to one or more NMDGF citations. Because the plea occurs at arraignment, without any officer/assistant district attorney present, the magistrate judge trying to do the right thing gives the potential client a deferred sentence.  A deferred sentence means that a client makes a plea, pays no fine but court costs, and upon successful completion of probation the case is dismissed. In a traffic citation scenario, this would be a great result because the case is dismissed and will not show up as a conviction.  Unfortunately, most judges, not even the best-intentioned judges, realize that a deferred sentence is considered a conviction under New Mexico Game and Fish regulations.  According to NMAC 19.31.2.7 (B) a  “Conviction” means any adjudication of guilt; plea of guilty or nolo contendere accepted by the court; or payment of a fine, court cost, court order or penalty assessment; or forfeiture of collateral; regardless of whether sentencing or imposition of sentencing has been deferred or suspended.  So potential client, believing the matter is closed, open their mail and get a Notice of Contemplated Action in the mail from NMDGF telling them that they have accumulated enough points to have their license revoked for three years (we’ll discuss the point system in another post). Potential client then calls wondering why this is happening and under the impression that everything was “done.”  While we can help post conviction and there are solutions, it is not an easy path. Negotiated settlements can occur but sometimes an administrative hearing is required. We are experienced in all aspects of the administrative process.

That being said, we urge anyone has received a citation from New Mexico Department of Game and Fish, please call us when you receive a citation from NMDGF because we can walk you through the possible collateral consequences of a conviction and work to achieve the results you want before you receive a Notice of Contemplated Action. To be clear, we have a much better chance of keeping you from an administrative revocation by fighting the case below. Even if you want to take a plea, call us before you do before you are calling us after you receive the Notice of Contemplated Action. Call or email us for a free consultation at 505-247-9500 or info@jasonalarid.com.  We work anywhere in the State of New Mexico.