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New Mexico Civil Rights Questions & Answers
0 Answers | Asked in Appeals / Appellate Law, Civil Rights, Criminal Law and Legal Malpractice for New Mexico on
Q: Seeking help for a friend denied overdose immunity, faced with illegal search, and jail time due to attorney's advice.

I am seeking help for my friend who should have been protected under overdose immunity, but his court-appointed attorney advised him to take a plea deal. Despite my friend bringing the immunity to the attorney's attention, and repeatedly raising it to the court, he was ignored. Subsequently,... View More

0 Answers | Asked in Civil Rights, Criminal Law and Civil Litigation for New Mexico on
Q: Can I take action against a detective for case dismissal and subsequent attack?

I was gunned down at my apartment complex in front of multiple witnesses. The assailant fired an entire magazine at me. The detective in charge assured me he had everything handled, and even stated that the charge was reduced from attempted murder to battery with a deadly weapon to ensure... View More

Q: Legal actions against false charges, injury by police, and employment lawsuit motions in New Mexico.

What legal actions can I take if the defendant, who employed me for two years, called the police during my deposition, leading to my arrest due to false fraud charges they filed against me in August 2024? These charges were dismissed on April 17, 2025. The police forcibly removed me from my home,... View More

0 Answers | Asked in Civil Rights, Constitutional Law and Family Law for New Mexico on
Q: How can I file a lawsuit against CYFD for violations and trafficking my children since 2018?

I want to file a lawsuit against CYFD for violating my 4th and 14th amendment rights and trafficking my children, which began in 2018. I am seeking to bring my children home and file a writ of review. I have not consulted with any legal professionals yet, and I'm unaware of any existing... View More

0 Answers | Asked in Child Custody, Civil Litigation, Civil Rights and Family Law for New Mexico on
Q: How to fight a CYFD case and regain custody in NM?

I'm currently involved in a CYFD case in New Mexico where my children were removed due to an anonymous report claiming our home was dirty. I still have custody but only get visitation for one hour and a half a week due to short staffing. This has been a 3-year battle that has significantly... View More

1 Answer | Asked in Employment Law and Civil Rights for New Mexico on
Q: Can a New Mexico employer reject me for a teaching job due to non-conviction arrest records?

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?

James L. Arrasmith
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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

1 Answer | Asked in Gov & Administrative Law and Civil Rights for New Mexico on
Q: Why no reasons given for denying motion to dismiss with evidence in NM?

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?

James L. Arrasmith
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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

1 Answer | Asked in Family Law, Elder Law, Domestic Violence and Civil Rights for New Mexico on
Q: How can I legally protect my 44-year-old son with TBI from coercion by family?

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

James L. Arrasmith
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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

1 Answer | Asked in Civil Rights, Employment Law, Public Benefits and Social Security for New Mexico on
Q: How can I challenge financial exploitation and regain legal rights for my son's welfare in NM?

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

James L. Arrasmith
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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

1 Answer | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Police seized deceased sister's phone not in warrant; privacy issue.

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Legal Malpractice and Civil Rights for New Mexico on
Q: Concerns about lack of evidence in husband's aggravated charges and plea agreement.

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Civil Rights and Traffic Tickets for New Mexico on
Q: Was my vehicle's towing justified after a driveway stop and impoundment in NM?

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

James L. Arrasmith
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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

1 Answer | Asked in Constitutional Law and Civil Rights for New Mexico on
Q: What criteria must an officer meet to request ID in NM, and is reasonable suspicion required?

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

James L. Arrasmith
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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

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Civil Rights for New Mexico on
Q: Seeking options for appealing my daughter's 9-year sentence due to pressured plea deal and medical conditions.

My daughter has been serving a 9-year sentence, with an additional 9 years suspended, despite her medical conditions. In 2022, she felt pressured to sign a plea deal by a new public defender, who threatened a 40-year sentence if she went to trial. Due to government shutdowns and her health issues,... View More

James L. Arrasmith
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answered on Mar 24, 2025

I understand the difficulty you're facing with your daughter's situation. While appeals after plea deals can be challenging, there may still be options worth exploring based on the circumstances you've described.

Post-conviction relief might be possible through a habeas...
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2 Answers | Asked in Civil Rights, Domestic Violence, Elder Law and Estate Planning for New Mexico on
Q: How can my son terminate the negligent power of attorney for my mother with dementia?

My mother, who has dementia, is currently under the care of a nursing home, and her power of attorney has been negligent, preventing her son, who is her favorite, from having any contact with her. The nursing home has made false claims that the son is discourteous and disruptive, but we have a... View More

Nina Whitehurst
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answered on Mar 16, 2025

If your mother lacks the capacity to terminate the POA herself, your only option is to go to court to get a guardian appointed for your mother.

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1 Answer | Asked in Criminal Law, Civil Rights and Civil Litigation for New Mexico on
Q: Received a threat via text message, worried about safety.

I received a text message from someone who said they were going to "pull up and shoot me," which I consider a threat. We have had problems before, but I thought our issues were resolved until now. This is the second time she has threatened me, and I have witnesses to the threats.

James L. Arrasmith
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answered on Mar 24, 2025

This is an extremely serious situation that requires immediate attention. Threats of violence, especially those specifically mentioning shooting, should never be taken lightly. You should contact local law enforcement right away to report these threats and provide them with copies of the text... View More

1 Answer | Asked in Civil Litigation and Civil Rights for New Mexico on
Q: Can I hold a nationwide and state organization accountable for not promoting chess as promised and claim damages for anxiety and stress?

I have been experiencing anxiety and stress for years due to missing out on participating in chess activities in New Mexico. A nationwide organization stated that one of their goals is to promote chess throughout America, with affiliate state organizations tasked to carry out this goal. However,... View More

James L. Arrasmith
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answered on Mar 26, 2025

You're facing a challenging situation with these chess organizations, and your frustration is understandable after years of trying to engage with them without success.

While organizations may state goals like promoting chess nationwide, these statements typically represent...
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1 Answer | Asked in Criminal Law and Civil Rights for New Mexico on
Q: Legal consequences of lying about marital status for consent.

I want to know about the legal consequences of lying about one's marital status to gain consent for sexual intercourse. How does the law interpret such fraudulent misrepresentation in these scenarios, and what specific consequences might there be in my location?

James L. Arrasmith
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answered on Apr 1, 2025

Under California law, lying about marital status to obtain sexual consent operates in a legal gray area that courts have addressed inconsistently. While California Penal Code generally does not explicitly criminalize obtaining consent through misrepresentation of marital status as sexual assault,... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for New Mexico on
Q: Do I need to report a 4-day out-of-state trip as a registered sex offender in NM?

In the State of New Mexico, as a registered sex offender who is not on probation or parole and updates registration details every 90 days, am I legally required to report a vacation trip out of state that lasts 4 days and 3 nights? I reported a similar trip to Colorado in June 2024. Could this... View More

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answered on Apr 1, 2025

Under New Mexico law, if you were convicted after July 1, 2013, you are required to report changes to your living arrangements or temporary location within five business days of the change. If your conviction predates July 1, 2013, the reporting requirement would be within ten days. This applies to... View More

Q: Options for obtaining APS report and addressing false reports in NM.

In New Mexico, I had a report filed against me with Adult Protective Services (APS), which was substantiated. When I requested the investigation report over the phone, APS denied my request, stating they do not provide them. I am unaware of any specific laws in New Mexico regarding access to these... View More

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answered on Mar 27, 2025

To obtain your APS investigation report in New Mexico, you can submit a formal written request under the Inspection of Public Records Act (IPRA) to the Aging and Long-Term Services Department. Your request should include your name, contact information, and a detailed description of the records... View More

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