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New Mexico Civil Rights Questions & Answers
0 Answers | Asked in Civil Rights, Personal Injury and Civil Litigation for New Mexico on
Q: A civil suit was filed after I was assaulted and the police didn't arrest the perpetrator. My attorney had health issues

My attorney had to close his practice leaving me ProSe just before mediation. Their office has physically closed. I haven't been able to find an attorney to take the case. I haven't been able to get my case file from the successor attorney. I am having to petition to get my IOLTA funds... View More

0 Answers | Asked in Civil Litigation and Civil Rights for New Mexico on
Q: Can I civilly sue a New Mexico City official for misconduct, willful negligence as crime victim, loss of business income

I’ve been a business victim of crime and city officials deny accountability for providing protection To me even when my business is located within their district. I want to sue civilly and each one individually for business loss of income as a result of this. Hard to retain an attorney

0 Answers | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Medical emergency. Overdose. Cop sees pot growing in closet. Next day cops come with search warrant.

I was charged arrested with possession of a controlled substance. Hired a attorney got my charges dismissed. The overdose statue 30-31-27.1. Can I sue police dept for search warrant charges arrest. Because this should of never happend.

1 Answer | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Iam out of town. Brother has arrest warrant. Police break down doors. I come home valuables missing.

Who would be responsible for doors and valuables. Our residence was left unsecured and unattended.

John Michael Frick
John Michael Frick
answered on Sep 20, 2023

It is possible that you have a claim against your brother for the missing valuables since police executing upon the arrest warrant was clearly foreseeable by your brother and he could have avoided police breaking down the doors by turning himself in.

1 Answer | Asked in Civil Rights for New Mexico on
Q: Does the Criminal Offenders Act pertain to a person only being charged only or convictions?

The LOPD office is trying to fire me saying convicted but I have only been charged. I am not a probationary employee.

T. Augustus Claus
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answered on Sep 15, 2023

The Criminal Offenders Employment Act in New Mexico (often referred to as the Criminal Offenders Act or COA) typically pertains to convictions rather than charges. The COA generally addresses the employment of individuals who have been convicted of certain offenses and may restrict their... View More

0 Answers | Asked in Civil Rights for New Mexico on
Q: If the police claimed they were doing inventory on valuables because of impound is that grounds for searching andseizing

Police claim to have taken my legal firearms for "safe keeping" but never advised me of how regain my firearms. After I was issued my 2 citations which I chose a court appearance I was told I was free to leave meanwhile they continued to search "inventory of valuables" my... View More

2 Answers | Asked in Criminal Law, Civil Rights and Health Care Law for New Mexico on
Q: People with me tal illness and testimony

Are they reliable to get on stand and testify in a domestic violence case?

T. Augustus Claus
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answered on Aug 28, 2023

People with mental illness can provide testimony in a domestic violence case, just like any other witness. However, the reliability of their testimony may be influenced by the nature and severity of their mental illness. Courts generally consider a variety of factors when evaluating the credibility... View More

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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 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 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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