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New Mexico Questions & Answers
2 Answers | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Can the police encroach on a property into the court the house and confiscate personal property without court order?
T. Augustus Claus
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answered on Feb 7, 2024

In New Mexico, as in the rest of the United States, the police generally cannot encroach upon private property and confiscate personal property without a court order, such as a search warrant, unless specific exceptions apply. These exceptions might include exigent circumstances where the police... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Can the police encroach on a property into the court the house and confiscate personal property without court order?
James L. Arrasmith
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answered on Feb 24, 2024

In most cases, the police cannot encroach on private property and confiscate personal belongings without a valid court order or warrant. The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures, requiring law enforcement to obtain a warrant from a... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for New Mexico on
Q: What paper do I use to ask for a continuance for court hearing that is happening same day and child is sick
T. Augustus Claus
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answered on Feb 6, 2024

In New Mexico, if you need to request a continuance for a court hearing scheduled for the same day due to your child being sick, you should file a Motion for Continuance with the court as soon as possible. This motion should explain the reason for the request, specifically mentioning your... View More

1 Answer | Asked in Military Law, Small Claims and Civil Litigation for New Mexico on
Q: What should I do if I am given misinformation from the Military Transportation office, I follow instructions and denied

I followed all instructions given to me and my claim is denied. I am told that because I had all of my Household goods transported by a 3rd part entity like I was instructed. My claim is being denied. I was told all items have been inspected and unpacked which is untrue. All items were moved by... View More

James L. Arrasmith
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answered on Feb 4, 2024

Navigating a denied claim with the Military Transportation Office, especially after following their instructions, can be incredibly frustrating. In such situations, it’s crucial to seek assistance from professionals experienced in military claims or military law. These attorneys are familiar with... View More

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for New Mexico on
Q: Can i cancel an auto loan contract on a new car purchase They lied about the actual abilities of the vehicle

I was told that this new electric truck would be good just plugging it in at home and I would be fine to use it the truck dies so quick I will be stranded any were I choose to go this truck is supposed to pull my mobile food truck around it can pull it but ill be left were we set up are business... View More

James L. Arrasmith
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answered on Jan 31, 2024

If you believe you were misled about the capabilities of your newly purchased electric truck, you may have options to address the situation. In general, auto purchases are subject to state and federal consumer protection laws that may allow you to cancel or seek remedies for misrepresentations.... View More

1 Answer | Asked in Family Law and Juvenile Law for New Mexico on
Q: Is there a specific age that a teenager can be left at home alone? How long?
James L. Arrasmith
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answered on Jan 30, 2024

There is no specific law that states a precise age at which a teenager can be legally left at home alone. The decision is generally left to the discretion of the parents or guardians, who are best positioned to assess the maturity and capability of the child.

It's important for...
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1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for New Mexico on
Q: district judge orders you to take a drug test at the request of the other party based on allegations is it illegal?

If a dist judge orders you to take a specific drug test at the request of the other party, based on allegations or hearsay. Would that be an illigall search and seizure?

Todd B. Kotler
Todd B. Kotler
answered on Jan 30, 2024

NO, it is based upon the reasonable belief of the other party. Often a judge orders all parties to be tested. Hearsay is an out of court statement being used by a party for the truth of a matter asserted. A party actually saying "I think this guy is using drugs" is NOT hearsay by... View More

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: Can my landlord charge me for bouncing a check they told me to cancel?

The rent check was not cashed. When I called the lady said they had not received it and to go ahead and cancel the check and pay online. she also said to call back and let them know it was canceled. When I called back I left a voicemail that afternoon, and again in the morning. Two weeks later... View More

T. Augustus Claus
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answered on Jan 30, 2024

In your situation in New Mexico, where your landlord instructed you to cancel a rent check and then charged you for it bouncing, there appears to be a misunderstanding or miscommunication. Generally, if a landlord advises a tenant to cancel a check and the tenant follows those instructions, the... View More

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: What crime is being committed if your landlord takes your property without a notice of eviction
James L. Arrasmith
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answered on Jan 28, 2024

If your landlord takes your property without a formal eviction notice, this could potentially be considered an illegal lockout or illegal eviction. In most cases, landlords must follow a specific legal process to evict a tenant, which includes providing proper notice and obtaining a court order.... View More

2 Answers | Asked in Arbitration / Mediation Law and Divorce for New Mexico on
Q: I had to be co-hirer for arbitration company. After completion I discovered a 3rd party was involved . Is that legal?

The arbitration person never informed me that the opposing side had a third person involved! Should the arbitration be declared illegal??

Tim Akpinar
Tim Akpinar
answered on Jan 21, 2024

I agree with my colleague. It could depend on the rules of the forum and role of the third party. In American Arbitration Association arbitrations, I've had hearings involving third parties (insurance matters, not your specific setting). You could check with the forum's rules. You... View More

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1 Answer | Asked in Personal Injury and Civil Rights for New Mexico on
Q: If I got a video of being accused of stealing and the employee looked in my girlfriend's purse and nothing assaulted me

And as I was recording him look in my girlfriends purse he walks away then turns around and smacked the phone out my hand and I got a video of it what can I do

James L. Arrasmith
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answered on Jan 18, 2024

If you have a video showing an employee accusing you of stealing, searching your girlfriend's purse without consent, and then assaulting you by smacking your phone away, you have several options. Firstly, it's important to keep the video safe as it is crucial evidence of the incident.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for New Mexico on
Q: can police stop a vehicle looking for someone with a warrant without seeing them in the car nor a traffic violation NM

the vehicle is not registered to person with the warrant

James L. Arrasmith
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answered on Jan 18, 2024

In New Mexico, as in other states, police generally need a valid reason to stop a vehicle. This can be a traffic violation or reasonable suspicion that a crime is being, has been, or is about to be committed. If the police are looking for someone with a warrant, they typically need some basis to... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Medical Malpractice for New Mexico on
Q: What can I do about being given medication without consent during a mental evaluation involuntary at an ER room NM

And permanent injury did occur

James L. Arrasmith
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answered on Jan 18, 2024

If you believe that you were given medication without your consent during an involuntary mental evaluation in an ER in New Mexico, and this led to permanent injury, you may have grounds for legal action. In healthcare, patient consent is a fundamental principle, especially when it comes to... View More

1 Answer | Asked in Gov & Administrative Law, Internet Law and Libel & Slander for New Mexico on
Q: Can I countersuit for slander on social media before I was issued a warrant that I enevidably beat later on?

I was slandered on social media with photos of me allegedly shoplifting "a forth degree felony" & because of it was arrested had my vehicle impounded & sat in Jail with a high bond i was not able to afford for 18 days. When I was let out I went to court & beat the case. Now my... View More

James L. Arrasmith
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answered on Jan 14, 2024

If you believe you were slandered on social media leading to your arrest and the subsequent challenges you faced, you may have grounds for a legal action. Slander involves making false spoken statements damaging to a person's reputation. If these statements were made on social media and you... View More

1 Answer | Asked in Constitutional Law for New Mexico on
Q: Legality of carrying brass knuckles. Is it legal to open carry brass knuckles in a fashion that it is visible.
James L. Arrasmith
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answered on Jan 11, 2024

Understanding the legality of carrying brass knuckles, especially in an open and visible manner, is important for ensuring that you're in compliance with the law. In New Mexico, the laws regarding weapons can be specific and sometimes vary from one jurisdiction to another.

Under New...
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1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: As a renter, my rights when it comes to roaches in my apartment? Landlord seems not to be too concerned

They are everywhere in my apartment! Landlord sprayed or lack of twice. And they are not any better. They are literally everywhere. I can't stand this and I am putting out lots of money to try to get rid of them. I feel that I'm infested and landlord just says he will have a guy come... View More

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answered on Jan 11, 2024

In New Mexico, landlords are generally obligated to maintain rental properties in a habitable condition, and this includes addressing pest infestations. If your landlord has not effectively addressed the roach problem despite multiple attempts, you may have legal grounds to request further action.... View More

1 Answer | Asked in Divorce, Real Estate Law, Estate Planning, Family Law and Probate for New Mexico on
Q: Hello I was married for 20 years then divorced wife got everything now she's passed on do I get what I worked for back

Like the house the property and there was no will and we have two kids

T. Augustus Claus
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answered on Jan 10, 2024

In New Mexico, when a spouse passes away without a will, the state's intestate succession laws come into play to determine how the deceased's assets are distributed. Since you were divorced from your wife, and assuming she did not update her estate plan after the divorce, you might not... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: If a disciplinary report gets thrown out can I still get street charges
James L. Arrasmith
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answered on Jan 8, 2024

If a disciplinary report within an institutional setting, like a prison or school, is dismissed or thrown out, it does not automatically mean you're clear of facing charges in a regular court. The process within institutions often operates separately from the criminal justice system.... View More

1 Answer | Asked in Civil Litigation and Business Law for New Mexico on
Q: If members must be allowed to attend Directors meetings, can they be denied access to any information that is discussed?
James L. Arrasmith
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answered on Dec 26, 2023

In New Mexico, the rules governing the attendance of members at directors' meetings and their access to information discussed therein depend on the specific bylaws of the organization and applicable state laws. Generally, members of an organization have a right to attend directors'... View More

1 Answer | Asked in Criminal Law, Employment Law, Tax Law and Personal Injury for New Mexico on
Q: employer keep $190.000 in unpaid overtime and $59,000 in wage theft. How can I place criminal charges on them in NM ?

Gross wage theft, unpaid overtime, retaliation, eviction, disposal of personal belongings, 2 years plus of employment, and rent was deducted from pay check. While on call 24/7, they did not pay taxes and more.

James L. Arrasmith
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answered on Dec 25, 2023

In New Mexico, if you're dealing with unpaid overtime, wage theft, and other employment-related issues, there are several steps you can take. First, consider filing a wage claim with the New Mexico Department of Workforce Solutions. This department handles wage disputes and can investigate... View More

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