Get free answers to your legal questions from lawyers in your area.
I was arrested for allegedly yelling at someone "have a good day," resulting in legal charges. I missed my court date and need guidance on how to get these charges dropped. Additionally, I want to finalize my driver's license. How can I resolve these issues effectively?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2025
Good Evening,
Unfortunately, I need a lot more information in order to answer this question.
Please provide me with your name, DOB, and ticket number or case number.
Please provide me with your phone number.
Thank you,
Karlos Ulibarri
Attorney
I am being charged with custodial interference, but at the time the charge was alleged, I was not aware of any court order regarding custody. The custodial guardian brought the child willfully to me that day without notifying me about any existing court order. There have been no prior conflicts,... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025
You should not be criminally liable for custodial interference if you genuinely had no knowledge of a court order and the custodial guardian voluntarily brought the child to you. For a charge like this to hold, the prosecution typically must prove that you acted knowingly and willfully against a... View More
I received a job offer for a teaching position in New Mexico. Can the employer withdraw the job offer due to arrest records in my background check, even though the arrest did not lead to a conviction and is not related to teaching?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025
In New Mexico, employers are generally prohibited from using arrest records that did not lead to convictions when making employment decisions. This means that if your arrest did not result in a conviction, it should not be considered by your prospective employer. The state's "Ban the... View More
In a domestic violence case at the preliminary stage with four felony charges, the victim has signed papers to withdraw prosecution and has withdrawn documents from S.A.N.E., including pictures of her injuries and her testimony. She is refusing to testify and is trying to get the charges dropped... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2025
Yes, the District Attorney can still subpoena S.A.N.E. (Sexual Assault Nurse Examiner) documents even if the victim withdraws from the case. In a criminal matter, the state is the one bringing charges, not the victim, so the case can continue without the victim’s cooperation. Evidence like... View More
I recently moved back to New Mexico in 2025, after living in California since 2016. I discovered that there is a warrant issued for my arrest related to a case filed against me in New Mexico in January 2017, which I was unaware of since I was living in another state at the time. I have no means to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025
You can take steps to clear the warrant without paying the fine upfront, especially if the original court date was missed because you never received notice. The first thing you need to do is contact the court that issued the warrant. Explain that you were living in another state at the time and had... View More
I live in New Mexico and have received a Conditional Discharge for aggravated fleeing a law enforcement official. I have completed both the probation and all conditions of the Conditional Discharge. I would like to know the legality of owning and carrying a firearm for self-defense now that I have... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
In New Mexico, once you successfully complete a Conditional Discharge, the case is typically dismissed without a conviction being entered. This means you are not legally considered a convicted felon, which is important because federal and state firearm prohibitions usually apply to individuals with... View More
I have been married for 12 years, and we have two children under the age of 10. My husband, who is currently driving for Uber, earns 50% more than I do. We are financially co-dependent and do not have any existing agreements regarding financial support. I am still in school working towards my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
In New Mexico, spousal support is not automatically required and is typically based on the circumstances of both parties. Since your husband earns more than you, and you are currently in school working towards a better earning potential, it’s unlikely that you would be required to provide spousal... View More
I have a lien of $20,000 placed on my primary residence by a company several years ago, and I want to know how the Homestead Protection Act of New Mexico protects me from this lien or any potential actions against my property.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
In New Mexico, the Homestead Protection Act offers limited protection for your primary residence against certain creditors. As of July 1, 2023, the exemption amount is $60,000 for a single person and $120,000 for a married couple or joint owners .
However, this exemption does not... View More
I was unable to pursue child support payments from a non-custodial parent when my child was living in a different state because New Mexico did not have a provision to collect support across state lines at that time. There was no formal support order in place, and now my child is an adult. However,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
New Mexico, like many states, has adopted laws to address child support issues across state lines, especially through the Uniform Interstate Family Support Act (UIFSA). If there was no formal support order in place when your child was living in another state, it may still be possible to collect... View More
I need guidance on how to address potential financial mismanagement involving my mother's assets. My sister is the Power of Attorney for my mother, who has dementia, and I am her primary caregiver. For the past year, I've tried to communicate with my sister about missing funds, but she... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
This sounds like an incredibly difficult and emotional situation, especially since you're caring for your mother day-to-day and trying to protect her well-being. In New Mexico, someone granted Power of Attorney (POA) has a legal duty to act in the best interest of the person they represent. If... View More
I am the biological mother with sole custody of my child, who has lived with me since birth. My child's father recently passed away, leaving a life insurance policy intended to benefit the minor. I need to petition the New Mexico courts for guardianship or conservatorship specifically to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
To petition the New Mexico courts for guardianship of your child's estate, you will need to file a petition for guardianship with the appropriate district court. Since the purpose is specifically to manage the life insurance benefits, the petition should clearly state that you are seeking... View More
In New Mexico, what specific forms do I need to file with the Second Judicial District Court to open formal probate and be appointed as the legal representative for my father's estate, in the absence of a will? Despite searching for two months, I haven't been able to find an attorney... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
You're facing a lot right now, and it’s completely understandable to feel overwhelmed—especially when time and money are tight. In New Mexico, when there’s no will, you're looking to file **formal probate** as an intestate estate. For Bernalillo County, which includes Albuquerque,... View More
I am being sued for malfeasance in a civil complaint and representing myself. The plaintiffs have listed me as a witness but have not yet served a subpoena. Fines have already been assessed against them. Am I required to testify for the plaintiffs under these circumstances?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
You're not required to testify for the plaintiffs **unless** they formally subpoena you. Simply being listed as a witness in their filings doesn’t obligate you to take the stand or answer their questions. In civil court, a party—especially one who is also a defendant—isn’t forced to... View More
Why don't special commissioners have to provide reasons for denying a motion to dismiss with prejudice when there is evidence, such as text messages and photos, showing the petitioner's reasons for an order of protection were false in the 2nd Judicial Court in Albuquerque, NM?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2025
When a motion to dismiss with evidence is denied in a court like the 2nd Judicial Court in Albuquerque, NM, it can be frustrating, especially if the evidence seems clear. In some cases, special commissioners are not required to provide a detailed written explanation when denying motions. The court... View More
In a domestic violence case where legal proceedings have already begun and the preliminary hearing is approaching, can the district attorney subpoena S.A.N.E documents if the victim is not willing to cooperate?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
Yes, the district attorney can subpoena S.A.N.E (Sexual Assault Nurse Examiner) documents, even if the victim does not want to cooperate. Once a criminal investigation is underway, especially in cases involving domestic violence or sexual assault, the state takes on the role of prosecuting the... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
What you're describing sounds deeply unfair, especially if the customer has been making consistent payments and acting in good faith under an oral agreement. In New Mexico, oral contracts can be legally binding, especially when both parties have clearly acted on the terms. If the store agreed... 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
County commissioners typically have the authority to set speed limits on county roads within their jurisdiction, even if those roads are considered rural or unmarked by the state. This authority is granted through local ordinances and resolutions that govern traffic regulations within the... 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
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.
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
Yes, the video from January can potentially be used as evidence in your friend's possession charge, as it shows an incident that may be linked to the alleged crime. Even though the arrest warrant was issued months later, the video can serve as key evidence that helps establish the timeline of... 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
When filing a petition for emancipation, it's important to be accurate and transparent on the forms. If you are still living with your parents, you should not leave the section regarding your date of living apart blank. Emancipation laws in many states typically require you to show that you... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
