Is it legal in New Mexico for our jewelry store to demand full payment from a customer who has been consistently making payments under an oral agreement, especially considering she previously experienced financial hardship, which led to the acceptance of lower payments? My boss now wants to keep... View More

In New Mexico, the state law sets a 55 mph speed limit on unmarked rural county dirt roads. Recently, the county commissioners decided to post 35 mph speed limit signs on a rural county dirt road in our county, where there were previously no posted speed limits. This change occurred within the last... View More

I am considering gifting CDs to my two grandchildren, aged 12 and 17, in New Mexico. Each CD would start at $15,000 from my Credit Union. Given New Mexico's $16,000 gift limit and the availability of free higher education in the state, I want to ensure the funds can be used for other expenses... View More

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Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2025

Hire a NM attorney to construct those gifts. They involve many different laws and may require a trust or a gift to minor act, etc. The expense required may not justify this.

I would like to know the possible sentence for a person facing charges in New Mexico, including possession of methamphetamine with the intent to distribute and possession of substances in categories II, III, IV. It is their first offense, and there are no other charges associated. The substances... View More

My friend was recently arrested and charged with possession of a controlled substance, which was allegedly meth, after being seen on video dropping something in a casino back in January. A warrant for his arrest was not issued until three months later. He has no prior offenses related to controlled... View More

I am considering filing a petition for the declaration of emancipation, even though I am still living with my parents. They are supportive of this decision. My question is, should I leave the section regarding the date of living apart from my parents blank on the form, given that I am still... View More

My father was not in the presence of a notary to do this transaction. He had no idea the guy was going to sign the whole property deed to himself.

I am seeking legal advice on how to protect my 44-year-old son, who has a traumatic brain injury (TBI) from a car accident in his childhood and is now in the early stages of dementia. My mother and sister are coercing him and administering medication without legal rights such as custody or power of... View More

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James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2025

Your situation involves complex issues of adult guardianship and medical decision-making rights. In California, you should consider petitioning for conservatorship of your son, which would grant you legal authority over his personal care, medical decisions, and possibly financial matters. This... View More

I'm seeking information on the statute of limitations for legal action related to past child abuse and welfare fraud incidents. The abuse started when I was younger and continues to happen with my children. How does ongoing abuse affect the statute of limitations, and what steps should I take... View More

My 44-year-old son, who has a TBI and is experiencing seizures, was coerced into making my sister his payee. My mother and sister have financially exploited him, falsely reported to SSA that I am dead, and manipulated him against me, restricting his contact with me. Despite reporting these issues... View More

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answered on Mar 28, 2025

You're facing a challenging situation with your son's care and finances. To address this, start by contacting New Mexico Adult Protective Services at 1-866-654-3219 to report the suspected financial exploitation, as they're equipped to investigate abuse cases involving vulnerable... View More

I live in an HOA community in New Mexico, and a fellow resident is requesting the contact information (such as emails and phone numbers) of all HOA residents. The HOA's policy and procedure suggest that this information may be shared. Is it legally permissible for the HOA board to release such... View More

I am in New Mexico and purchased a car from a man in California through Craigslist. He fraudulently misrepresented the car's condition, saying it had no rust and ran perfectly. However, the car has a rusted-out trunk floor and rear quarter panels, and three of the exhaust valves were burnt,... View More

I've received letters from the DMV instructing me to take courses to get my license back due to a supposed DUI offense within the past year. However, I've never been caught with a DUI and suspect someone might be using my driver's license fraudulently. I have requested a hearing with... View More

During a police search warrant intended for a specific person's phones, my deceased sister's phone was seized at home even though her name wasn't mentioned in the warrant. I believe this is an invasion of her privacy. What actions can be taken to address this issue, retrieve the... View More

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James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

When police execute a search warrant, they must generally stay within the scope of what's specifically described in the warrant. Your sister's phone likely shouldn't have been seized if her name wasn't mentioned and the warrant only covered the other person's devices. This... View More

I was injured in New Mexico while riding in an Uber when a taxi from the Albuquerque ZTrip company ran a red light, leading to a collision. I sustained six herniated disks and required five months of physical therapy, as well as eight spinal injections. The police were called, and a report was... View More

Tim Akpinar
answered on Apr 1, 2025

A New Mexico attorney could advise best, but your question remains open for a week. You ask some very good questions. It could be difficult to offer a quick, direct answer to them though. Your attorney is probably evaluating the case not only from a standpoint of liability, but from one of... View More

My husband, who has been in jail for four years, took a plea agreement after being charged with aggravated battery with a deadly weapon on a police officer, aggravated DWI, and aggravated fleeing. He maintains he was a passenger, not the driver. The public defender pressured him to accept a plea by... View More

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answered on Mar 24, 2025

Your situation sounds incredibly frustrating and concerning. When someone accepts a plea without seeing evidence or discovery materials, and under pressure about facing a life sentence, this raises serious questions about effective representation. The fact that your husband maintained he... View More

I am preparing to file a failure of consideration case pro se. Before any court actions are taken, would it be possible to request the court to dismiss the case without prejudice so that I can refile it using a different legal approach if needed?

I was pulled over in my own driveway due to expired registration and then arrested because of a warrant for failure to appear on a traffic violation. Despite my objection, a K9 unit performed a free air sniff on my vehicle. Although the K9 alerted, the officer did not conduct the search until after... View More

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answered on Mar 24, 2025

The legality of towing your vehicle from your own driveway involves several factors worth examining. While officers can typically impound vehicles following arrests when there's no one else to drive them, the fact this occurred on your private property raises important questions about whether... View More

In New Mexico, what criteria must an officer meet to lawfully request an individual's identification? I was walking to my home around 6:30 p.m., and an officer asked for my ID without giving me any reason, indication of a law being violated, or mentioning any suspicious activity. There were no... View More

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answered on Mar 23, 2025

In New Mexico, police officers generally need reasonable suspicion that you have committed, are committing, or are about to commit a crime before they can lawfully detain you and demand identification. This standard comes from both federal case law (Terry v. Ohio) and New Mexico state court... View More

My mother recently passed away without a will. She was separated from her husband at the time due to a restraining order, and I know she appointed me as her power of attorney. Her husband is now trying to take control of her entire estate, including her vehicle. I'm the only heir contesting... View More