What to do if I’m facing a charge of auto burglary?

The problem is that all the affidavits from the officer are not notarized as required by state law. Is that grounds to dismiss the charges on fraudulent and illegally obtain warrants? Which according to state law are require to be made under oath and sealed by the state. Does that constitute perjury as the law says?

Asked on August 16, 2013 under Criminal Law, New Mexico

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Based upon what you have written about, you need to consult with a criminal defense attorney to review the burglary charge against you to ascertain whether the filing is supported by required affidavits as well as to plan your defense to the case. If the affidavit is not signed under the penalty of perjury, then the citing officer may have a problem.


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