New Mexico Jury Instruction — Possession refers to a detailed set of guidelines provided to jurors in New Mexico courts regarding the legal concept of possession. This instruction is crucial in cases where a person is charged with possession of something, such as drugs, firearms, or stolen goods. The purpose of the New Mexico Jury Instruction — Possession is to aid jurors in understanding various aspects related to possession, including the definition, elements, and burden of proof associated with the specific offense charged. By providing clear instructions, it ensures that jurors have a comprehensive understanding of how possession is legally interpreted and evaluated. There are different types of New Mexico Jury Instruction — Possession, tailored to specific offenses or scenarios. Some notable examples include: 1. Possession of Controlled Substances: This instruction focuses on cases in which an individual is accused of possessing illegal drugs or controlled substances without a valid prescription. It provides jurors with specific criteria to determine whether the defendant indeed possessed the substances and whether the possession was illegal. 2. Possession of Stolen Property: This instruction deals with cases involving individuals accused of knowingly possessing stolen goods or property obtained through illegal means. It guides jurors in assessing the defendant's knowledge of the item's stolen status and whether they had control or dominion over it. 3. Possession of Firearms: This instruction pertains to cases involving the possession of firearms, addressing issues such as ownership, knowledge, intent, and the legality of possessing firearms under specific circumstances. 4. Constructive Possession: This instruction covers situations where a defendant does not physically possess an item but has control, knowledge, and the ability to exercise ownership over it. It addresses the concept of constructive possession and helps jurors determine if the defendant intended to exercise control or authority over the item, even if it is not physically on their person. These are just a few examples of the various New Mexico Jury Instruction — Possession types. Each instruction is designed to provide specific guidance to jurors based on the nature of the offense and the elements that must be proven beyond a reasonable doubt. By using these instructions, jurors can effectively evaluate the evidence presented during trial and make an informed decision regarding the defendant's guilt or innocence.
New Mexico Jury Instruction - Possession
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§ 841(a)(1), commonly referred to as Possession With Intent to Distribute. Anyone who is found in possession of a large amount of counterfeit or controlled substances could be charged with this crime, which is a more serious offense than possession of controlled substances (a/k/a street drugs) for personal use.
It is unlawful for a person to use or possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a ...
(b) a counterfeit substance enumerated in Schedule V is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment for a definite term not less than one hundred eighty days but less than one year, or both.
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.
Section 30-31A-6 - Possession with intent to distribute an imitation controlled substance. It is unlawful for any person intentionally to possess an imitation controlled substance with the intent to distribute. Any person who violates this section is guilty of a fourth degree felony.
Criminal Punishments for Possession of Controlled Substances Monetary fine between $100 to $1,000 for a first offense petty misdemeanor. Up to one year in jail and a fine for a full misdemeanor. Prison sentence not to exceed 18 months for fourth-degree felony.