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New Mexico Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for New Mexico on
Q: Can a different officer take over the stop of another officer,tell him to leave then arrest the person.

Shouldn't it be the initial officer that stops the individual who tickets and arrest that person. The initial officer pulled Person over for a head light being out. Other officer shows up and tells the initial officer to leave that he gots this.

D'nae L. Robinett Mills
D'nae L. Robinett Mills
answered on Apr 6, 2023

Typically, the stopping officer is the officer that issues a citation. However, there are circumstances where an officer can take over an investigation for reasons unrelated to the incident i.e. going off of shift or needed on another call. You should contact a lawyer to review your citation and... View More

1 Answer | Asked in Criminal Law, Civil Rights and White Collar Crime for New Mexico on
Q: My conditional discharge is pending his long until it is out of pending status
James L. Arrasmith
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answered on Apr 2, 2024

I apologize, but the phrasing of your question is still a bit unclear, making it difficult for me to provide a precise answer. It seems like there may be some missing words or context.

When a conditional discharge is granted, the court typically sets a probationary period during which the...
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1 Answer | Asked in Civil Rights for New Mexico on
Q: How you you sue a police officer for violating your rights and why won't a lawyer help

My husband civil rights were violated, we were held in jail for seven days with our any charges or anything against us was released from jail and then a week later charges were filed the charges were finally dropped but I can't find a lawyer that will help

John Michael Frick
John Michael Frick
answered on Oct 8, 2023

If you are having a difficult time finding a lawyer willing to accept a civil rights case against law enforcement, you need to consider offering a higher than typical hourly rate backed up by a larger retainer. I recommend offering $750 / hour with a $37,500 initial retainer.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for New Mexico on
Q: What can be done about perjury?

What, if anything, can be done if a victim/witness lied in a court hearing and also during a jury trial? I know this person lied because I know the truth of the matter. I would like to be able to talk to talk to someone or tell someone the truth but I don’t know how to go about it. The prosecutor... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 29, 2023

There are two ways in which to address this. The first and best way is in the trial present evidence of the lie. The other method is a complaint to the DA for perjury.

1 Answer | Asked in Personal Injury and Civil Rights for New Mexico on
Q: Is it illegal to trap someone in a virtual environment and not let them out?
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2022

A New Mexico attorney could advise best, but your question remains open for two weeks. If the virtual environment is in the setting of a video game or something similar that the players are engaged in voluntarily, that would probably not be illegal. If the virtual environment is in the form of... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Public Benefits for New Mexico on
Q: is it posible for me to file a civil complaint on nm work force solutions for violating my equil opertunity rights
Tim Akpinar
Tim Akpinar
answered on Dec 13, 2021

A New Mexico employment law attorney might be able to advise best here, but your question remains open for four weeks. You could repost and add "Employment Law" as a category. There's no guarantee all posts are picked up. If still no response, you could reach out to NM employment law... View More

1 Answer | Asked in Criminal Law and Civil Rights for New Mexico on
Q: My public defender isnt doing anything she hasnt even called me and she lied to the judge

I am charged with trafficking it is my first offense

Stephen Aarons
Stephen Aarons
answered on Nov 24, 2020

You did not ask a question.

1 Answer | Asked in Car Accidents and Civil Rights for New Mexico on
Q: Hi what legal charges can be made if you lend someone your car and then they accidentally wreck into a building?

Also will my insurance cover damages?

Tim Akpinar
Tim Akpinar
answered on Sep 25, 2020

A New Mexico attorney could answer best, but your question remains open for three weeks. As a GENERAL premise, such situations could be characterized as negligent entrustment of a motor vehicle - every jurisdiction doesn't use the exact same term. Loosely speaking, the victim would need to... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Intellectual Property for New Mexico on
Q: Why can't I find an attorney to take my case. City Council is going to demolish my home for no reason.

I have 4 different licensed contractors say it doesn't need to be demolished. I had 2 licensed contractor try to pull a permit and was denied. I just want to remodel this home and live in it. I go to court tomorrow, on city wanting to dismiss it. My hearing is set for April 9th, if it's... View More

Tim Akpinar
Tim Akpinar
answered on Apr 12, 2020

If you had your April 9th hearing already, it could be a moot point, but attorneys might be apprehensive about charging for services where they have difficulty in predicting an outcome. You could keep trying. Another issue is that the health crisis has paralyzed court operations and professional... View More

1 Answer | Asked in Criminal Law and Civil Rights for New Mexico on
Q: Firearm ownership in new Mexico

I legally bought a rifle and shotgun in 1978; in 2009 I was convicted of nonviolent felony, sentenced to 8 months, completed sentence in May 2010;

May I legally have the firearms, in my home, in new Mexico? If not, is there a way to legally do so?

Keep in mind- rifles, not handguns,... View More

Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo
answered on Jan 22, 2020

No, you aren't legally allowed to own a firearm. See N.M. Stat. Ann. § 30-7-16.

This same statute defines a "felon" using the following language:

“[F]elon” means a person convicted of a felony offense by a court of the United States or of any state or...
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1 Answer | Asked in Consumer Law, Personal Injury, Civil Litigation and Civil Rights for New Mexico on
Q: Can you help me to locate an attorney to represent myself or my family members in the opiate epidemic class action?

I am seeking compensation against the manufacturers of hydrocodone for reimbursement for my family in paying for extended rehabilitation efforts following opiate addiction.

Deena L. Buchanan
Deena L. Buchanan
answered on Dec 12, 2019

Yes, there are lawyers taking these cases. You can contact any of us who practice in the area of personal injury, particularly those who advertise experience in class action or pharmaceutical litigation.

1 Answer | Asked in Personal Injury and Civil Rights for New Mexico on
Q: False arrest wrongful imprisonment Statue limitations lawsuit
Gary Kollin
Gary Kollin
answered on Nov 4, 2019

Thank you for sharing. No question asked

1 Answer | Asked in Civil Rights for New Mexico on
Q: I reside in NM and have been forced to deal with my civil rights being violated daily for the past 3 months.
Gary Kollin
Gary Kollin
answered on Oct 30, 2019

Thank you for sharing. No question asked

1 Answer | Asked in Civil Rights and Immigration Law for New Mexico on
Q: if a permanent resident has battery against a house hold member. Do they get deported?

This the first offense . I have done nothing.

Kevin L Dixler
Kevin L Dixler
answered on Oct 3, 2019

If you pled guilty or nolo contendre, then you accepted guilt. That means that DHS considers that you did it. You don’t have to

do a day in jail.

The next issue is the sentence and the criminal statute upon which you were convicted. Also, whether there are other issues that have...
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2 Answers | Asked in Civil Litigation and Civil Rights for New Mexico on
Q: Today I was leaving the store a manager and an employee followed me outside and harrased me can I file a lawsuit

It was at Goodwill I was just looking around after picking up brochures from the job room a lady seen that I needed a job and was very kind to me told me to go apply at so and so and I greatly appreciated it as I was walking out the store manager and another employee began to be rude and harassing... View More

Gary Kollin
Gary Kollin
answered on Aug 25, 2019

If suing, you expose your entire mental health history and medical records.

Truly, what are the monetary value of the damages?

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for New Mexico on
Q: can a charge hold up in court if the findings were obtained thru a search of house while only minor son present no war

cops came to my house (initialy to talk about daughter being pulled over at 4 am with adult male) knocked on door didnt announce they were police, after ? me and my bf about said incident they were going to leave but they said they smelled a foul oder which they believed to be weed. i called my... View More

William Jaksa
William Jaksa
answered on Jul 11, 2019

The very short answer is yes.

There are certainly triable issues and grounds to argue that the search warrant should never have been issued. Were the police acting within their duties when they originally attended? Where they lawfully within the dwelling when they observations (smelled the...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New Mexico on
Q: I think I am being retaliated against by my pharmacy manager because I went to upper management about her.what can I do

Feel my manager is attacking me after I went to upper management about scheduling. Caused me to be out of work for 3 weeks

Trent A. Howell
Trent A. Howell
answered on Mar 6, 2018

A number of statutes prohibit public and privates employers from retaliating against employees for making certain types of internal complaints. Two statutes commonly involved with such claims are the New Mexico Human Rights Act (“NMHRA”), NMSA § 28-1-1 et seq. and the New Mexico Whistleblower... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Civil Rights for New Mexico on
Q: I applied at a restaurant a few weeks back. My partner works there too. The owner told my partner that he wasn't

going to hire me because he works there also. Pretty much he doesn't hire couples. But, the same guy hired a husband and wife couple, they work the same shifts. He also hired a BF/GF couple. Now, both of those couples are Indonesian. The owner himself is Chinese. I am Native as is my partner.... View More

Trent A. Howell
Trent A. Howell
answered on Mar 6, 2018

In certain situations, New Mexico Human Rights Act ("NMHRA"), NMSA § 28-1-1 et seq., requires an employer to consider an applicant for a position regardless of "spousal affiliation" or sexual orientation. In addition, if the employer retains some employees and terminates... View More

1 Answer | Asked in Car Accidents, Civil Rights, Criminal Law and Federal Crimes for New Mexico on
Q: Our car was stolen for a week, wrecked into a business and police caught a guy. Can we sue him for damages?

We had already filed a claim with our insurance and our car was already known to be reported stolen. These are his arrest charges:

Arrest Charges

Release Type:

Arrest Date: 02/13/2018

Arrest Time: 21:00

Arrest Location:

Statute: 30-22-1.1... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 14, 2018

You can sue him but you'd likely never see the money. Thieves usually don't have much.

See if you can get an order of restitution from the criminal charges--contact the DA's victim assistance coordinator.

1 Answer | Asked in Criminal Law, Civil Rights and Personal Injury for New Mexico on
Q: if i was arrested for a crime and taken to jail but was never booked in and posted bail 6days later can i file charges?

it took them 5 days to get me to arraignment then the judge set my bond at 5000 cash or assurity which i made bail and bonded out of a facility i was never booked in to. can i file charges against the facility for kidnapping and violating my due process rights?

Peter N. Munsing
Peter N. Munsing
answered on Mar 31, 2017

Not kidnapping but possible civil rights. Contact the NMex Civil Liberties Union. Ask for one of their "cooperating attorneys" who handles "police misconduct" situations.

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