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New Mexico Civil Rights Questions & Answers
0 Answers | 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

0 Answers | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Personal Injury for New Mexico on
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

0 Answers | Asked in Gov & Administrative Law and Civil Rights for New Mexico on
Q: Rights against state board delay after showing dismissed charges?

I was hired as a Level 1 security guard about six months ago and have been waiting for the New Mexico state board to activate my license so I can start my first day. They are holding up the process due to two past arrests, even though I've shown them court papers that dismiss all charges,... View More

0 Answers | Asked in Landlord - Tenant, Public Benefits, Appeals / Appellate Law and Civil Rights for New Mexico on
Q: Should I appeal an eviction decision while disputing back rent I disagree with?

I was evicted today in Magistrate Court. I am disabled and have problems with comprehension, cognitive abilities, and memory loss. For two years, the housing authority in my town has been sending eviction threats and letters about every other month. Despite my efforts to resolve the issue, I was... View More

0 Answers | Asked in Civil Rights, Gov & Administrative Law and Medical Malpractice for New Mexico on
Q: What can a transferred NMCD inmate do about poor care and mail issues at VADOC?

I am concerned about the care and rights of a NMCD inmate transferred to VADOC. The inmate, who suffers from a long-term medical condition, reports inadequate care as prescribed by a dermatologist. Additionally, his legal mail is allegedly being opened by VADOC staff. Despite filing grievances,... View More

1 Answer | Asked in Civil Rights, Domestic Violence, Landlord - Tenant and Personal Injury for New Mexico on
Q: Assaulted by worker; unsafe & want to file lawsuit on budget in NM.

I am a senior citizen and was recently assaulted by a maintenance worker at my apartment complex. He pleaded guilty in court, received probation, and was ordered to stay away from me, only working on one side of the complex. Despite this, he continues to work here because his girlfriend is the... View More

Maxwell Pines
Maxwell Pines
answered on Feb 15, 2025

I am sorry that you are going through this. It is very disappointing that this apartment complex that you pay money for is unwilling to keep you and your neighbors safe.

This man would be liable for an intentional tort by assaulting you. It appears it was already proven because he admitted...
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0 Answers | Asked in Civil Rights, Criminal Law and Domestic Violence for New Mexico on
Q: Impact of habeas corpus on civil suit for rights violations in NM?

I took a plea bargain related to a situation where a protective order was placed against me after my wife sought a restraining order, which was later terminated. I feel that my civil rights were violated, especially since law enforcement and the court did not conduct a welfare check and acted... View More

0 Answers | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for New Mexico on
Q: Can the church fire a pastor on misuse of funds if there is no guidelines of how funds should be used exist?

The church Bylaws do not give a clear detail of how much or how funds can be used.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for New Mexico on
Q: Served 18 months of Adult Probation. On 4th degree felony in New Mexico. Only after probation was over it got espunged.

Was covered under Statue 30-31-27.1. my public Attorney said could only use in Federal Court. I was having overdose. Was charged cause police saw Marijuana growing. Had a search on home arrested and took plea advise of public defender

James L. Arrasmith
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answered on Jan 27, 2025

It sounds like you've been through a challenging legal situation, and it’s good that you’re seeking clarity on what happened and what it means moving forward. In New Mexico, under statute 30-31-27.1, certain drug-related offenses can be expunged if specific criteria are met, which may... View More

1 Answer | Asked in Domestic Violence, Criminal Law and Civil Rights for New Mexico on
Q: If a witness in a domestic violence case has schizophrenia and not competent reliable witness. Can it be dismissed?

The witness in the past hen she committed a crime was found not competent and charges were dismissed

James L. Arrasmith
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answered on Jan 21, 2025

Mental health conditions like schizophrenia don't automatically disqualify someone from being a witness in court. The key factor courts consider is whether the person can understand and tell the truth about what they witnessed at the time of the incident, regardless of their diagnosis.... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for New Mexico on
Q: Ina probation Adjucation court I was honest and told my probation officer I was dirty for drugs.

But the UA Specimen was never sent to lab for anyalis. Can I still be violated if it was never proven to be dirty for drugs.

James L. Arrasmith
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answered on Jan 21, 2025

I understand you're in a difficult situation regarding your probation status. Your honesty about drug use during probation is significant, even without laboratory confirmation of the UA specimen.

From a legal standpoint, verbal admission of drug use to your probation officer can be...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law, Civil Rights and Constitutional Law for New Mexico on
Q: I took a plea bargain in a drug case and did my probation and only to have the charge I plead guilty to be expunged.

I was covered under NM Statue 30-31-27.1 because of having a heart attack due to a drug overdose and was in the need of medical Attention. Where Marijuana was seen while awaiting EMT.

James L. Arrasmith
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answered on Jan 21, 2025

Your situation touches on an important aspect of New Mexico's Good Samaritan law, which provides protection for people seeking medical help during overdose emergencies. The fact that marijuana was discovered while you were receiving emergency medical care should have been protected under this... View More

Q: Was on probation a 4th degree felony after I finish my probation the charge was expunged.

Thee charge I was doing probation for was expunged. It was because I was covered under NM Statue30-31-27.1 cause of a drug overdose when a cop saw marijuana growing. I was charged jailed a search warrant was issued on my residence. What can I do about this?

James L. Arrasmith
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answered on Jan 18, 2025

It sounds like your situation is complicated, but there are steps you can take to address it. If the charge was expunged under New Mexico's overdose immunity law, you may have protections related to how the original incident was handled. First, review all the documentation regarding your case,... View More

1 Answer | Asked in Civil Rights for New Mexico on
Q: How do I go about sueing the city police department if I feel I was wrongfully tazed
James L. Arrasmith
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answered on Jan 9, 2025

First, document everything about the incident immediately - take photos of any injuries, write down exactly what happened, and gather contact information from any witnesses. Keep all medical records and bills related to the incident, as these will be crucial evidence.

You'll want to...
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1 Answer | Asked in Civil Rights and Collections for New Mexico on
Q: How do I go about getting my grandma's will honored
James L. Arrasmith
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answered on Jan 9, 2025

The first step in honoring your grandmother's will is to locate the original document and file it with the probate court in the county where she lived - this begins the legal process. The court will then verify the will's validity and appoint an executor if one wasn't named in the... View More

1 Answer | Asked in Real Estate Law, Banking, Civil Rights and Collections for New Mexico on
Q: How do I go about getting my grandma's will honored

My grandma's passed away and I am the sole err to it.but I was just a young boy when she died and just found out about it now..help???

James L. Arrasmith
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answered on Jan 9, 2025

I'm very sorry to hear about your grandmother's passing. Dealing with inheritance matters years after someone's death can be complex and emotionally challenging.

First, you'll need to locate the official copy of your grandmother's will and determine if it was ever...
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1 Answer | Asked in Real Estate Law, Banking, Civil Rights and Collections for New Mexico on
Q: If I have my grandma's will and testament that states I am the sole err how do I go about getting what is mine..

I was just a young boy when my grandmother passed and I just found out about this will...

James L. Arrasmith
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answered on Jan 9, 2025

First, I'm very sorry about the loss of your grandmother. Finding out about an inheritance years later must bring up complex emotions, and it's understandable you want to handle this properly.

You'll need to contact the probate court in the county where your grandmother lived...
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1 Answer | Asked in Employment Law, Civil Rights, Education Law and Employment Discrimination for New Mexico on
Q: Hello, I recently lost my teaching job due to a RIF. I received no notice of this prior and I have seniority.

I am at a charter school in Albuquerque(not under APS). No notice was given and I was one of 3 teachers in my department who lost their position. I have seniority of both of them. What can I do? How can I fight this?

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry to hear about your situation. Start by reviewing your employment contract and any relevant policies the charter school has regarding layoffs and seniority. Ensure that the process followed aligns with what’s stipulated in these documents.

Next, gather all documentation...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for New Mexico on
Q: can sheriffs civil division keep you locked out after they have been shown the order they broke?

Sherriffs broke appeal bond order served lock out during and after being shown the order. The whole civil office stated they had a direct line to the judge who said it was ok?

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answered on Jan 5, 2025

I'm sorry you're experiencing this situation. Typically, once a court order is presented, law enforcement, including the sheriff's office, is expected to comply with it. If they've disregarded the order, it may be a violation of your rights.

You have the option to file a...
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1 Answer | Asked in Civil Rights, Domestic Violence, Land Use & Zoning and Sexual Harassment for New Mexico on
Q: What can I do if I'm being a victim of gang stalking

And they have control of my cell phone

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're going through this difficult time. It's important to reach out to local law enforcement and inform them about your situation so they can provide assistance and ensure your safety.

Consider speaking with a mental health professional who can offer support and...
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