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New Mexico Civil Rights Questions & Answers
0 Answers | Asked in Civil Rights for New Mexico on
Q: Can a New Mexico police officer stop & demand my ID while i am just walking on a sidewalk?

My son was walking home from work in Aztec, NM. He works at a local restaurant. It was 2am when he started walking home. Along the way he was stopped by two Aztec police officers that demanded ID. They told him if he didn't give up his full name and DOB he would be arrested for failure to... View More

1 Answer | Asked in Child Custody, Family Law and Civil Rights for New Mexico on
Q: I have had my son removed from my custody by cyfd.

I was told I failed to communicate with them. I have messages from the caseworker stating the department failed to contact me and do home checks. For over a month, no communication. They failed to provide necessary steps in helping get housing, phone service. The state when attempted visits were... View More

James L. Arrasmith
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answered on Oct 19, 2024

I'm really sorry you're going through this difficult time. It's important to reach out to a family law attorney who can help you navigate the legal system and advocate on your behalf. They can assist in correcting any errors in the paperwork and ensure your side of the story is... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for New Mexico on
Q: Should I be able to get a dismissal with everything this cop did in order to impound my car?

A cop turned his lights on behind me whil I was parked off the road with car trouble. He ran my plate,&my tags,insurance: said both were both suspended. I told him my tags were suspended but insurance was valid& active as I had gotten it four days prior. I had been on my way to get my... View More

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answered on Sep 11, 2024

Based on what you’ve described, there may be grounds to challenge the actions of the officer and the legality of the search and seizure of your vehicle. After issuing the citations, the officer generally shouldn't continue to question you unless there is reasonable suspicion of another... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New Mexico on
Q: I’ve been subversively targeted by line management with no communication of concerns or complaints, call a lawyer or HR?

Since May I have been concerned for being targeted by line management in an effort to subversively remove me from my project. I contacted management above line regarding the concern immediately. Only one email was ever sent by line manager to request anything of me. I declined some requests as it... View More

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answered on Aug 31, 2024

It sounds like you're in a challenging situation where you feel unfairly targeted by your line management without any clear communication or justification. You've taken some good initial steps by reaching out to upper management to express your concerns and document what's been... View More

Q: Unlawful arrest false reporting can I sue
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answered on Aug 31, 2024

If you've been unlawfully arrested and falsely reported, you may have grounds to sue, but it depends on the circumstances of your case. The first step is to determine if your rights were violated during the arrest or if the false reporting led to harm or damage to your reputation. Evidence,... View More

1 Answer | Asked in Civil Litigation and Civil Rights for New Mexico on
Q: Can your vehicle be towed away on private property without the owner of the car or property consent.illegelly blocking

Of a pedestrian where there's no cross Walk involved.wouldnt that be unlawfully taken a motor vehicle by a sergeant of the Hobbs Police department?

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answered on Jul 28, 2024

Your vehicle can be towed from private property without your consent if it is blocking access or causing an obstruction, even if there's no crosswalk involved. Property owners have the right to manage their premises, and if your vehicle is considered a hindrance, they can request its removal.... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for New Mexico on
Q: Can I ask for victims advocate to help me file a civil or district complaint on a jail and officers that violated my Ada
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answered on Jul 20, 2024

You can request assistance from a victim advocate to help you file a civil or district complaint against a jail and its officers who violated your ADA rights. Victim advocates are there to support you through legal processes, including the preparation and submission of complaints.

It's...
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1 Answer | Asked in Civil Rights for New Mexico on
Q: Can I sue a company for breach of contract, bait and switch, violation of consumer act. Many more violations.
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answered on Jul 28, 2024

You can sue a company for breach of contract, bait and switch, and other violations. The first step is to gather all relevant evidence, such as contracts, emails, and any communication that supports your claim. Documenting the timeline of events and any damages incurred will strengthen your case.... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for New Mexico on
Q: Can a magistrate court stop my family court ordered supervised visitation with my kids if I provided necessary documents

Magistrate judge order me house arrest provide documents of ongoing supervised visorion to be allowed to continue...whuch I did was filed and told I could go ..following week the visiting center put my visits on hold because clerk said I did not have permission to have contact with my kids.. which... View More

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answered on Jul 27, 2024

It sounds like there has been a miscommunication between the magistrate court and the family court. If the magistrate judge gave you permission to continue your supervised visitation, you should provide a copy of that order to the visiting center and the family court to clarify your situation.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for New Mexico on
Q: I recently went to see my boyfriend in prison, a they searched my car. & took pictures of my cashapp can they do that?

I got intergated after my visit, they threatened me a searched my car & took pictures of my bank accounts. The Correction officer said I was supposed to hand an inmate something because of my recent phone call of visiting the inmates family, before the visit this is my first time visiting my... View More

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answered on Jun 7, 2024

I'm sorry to hear about your experience. In general, correctional facilities have strict security protocols, and searches of vehicles and personal belongings can be part of these procedures, especially if they suspect contraband. However, taking pictures of your bank accounts and other... View More

1 Answer | Asked in Intellectual Property, Criminal Law, Civil Rights and Small Claims for New Mexico on
Q: Wa u of cop dosent give all of your property back in new mexico after case is dismissed
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answered on Jun 10, 2024

If the police in New Mexico do not return your property after your case is dismissed, you have several options to pursue. First, request the return of your property in writing, ensuring you keep copies of all correspondence. This creates a record of your efforts to reclaim your belongings.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New Mexico on
Q: on 2 police reports and crminal complaints my boyfriend is in jail for the last name on them is not the last name.
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answered on Jun 2, 2024

It sounds like there's an issue with the accuracy of the police reports and criminal complaints regarding your boyfriend. If the last name on these documents is incorrect, this could potentially impact his case and his defense. It's important to address this error promptly to ensure that... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for New Mexico on
Q: Can you get both a bench and jury trial in a case or is it one or the other?
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answered on May 24, 2024

In most legal systems, you generally have to choose between a bench trial or a jury trial for a given case. A bench trial is where the judge alone hears the case and makes the decision, while a jury trial involves a group of peers who listen to the evidence and determine the verdict.

There...
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1 Answer | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Can I use martial arts on the street to defend myself if attacked in new Mexico?
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answered on Apr 17, 2024

In New Mexico, you have the right to defend yourself if you are attacked, but there are important legal considerations to keep in mind:

Self-defense laws: New Mexico follows the "stand your ground" principle, which means you do not have a duty to retreat before using force to...
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1 Answer | Asked in Criminal Law, Civil Rights and White Collar Crime for New Mexico on
Q: My conditional discharge is pending his long until it is out of pending status
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answered on Apr 2, 2024

I apologize, but the phrasing of your question is still a bit unclear, making it difficult for me to provide a precise answer. It seems like there may be some missing words or context.

When a conditional discharge is granted, the court typically sets a probationary period during which the...
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1 Answer | Asked in Civil Rights for New Mexico on
Q: If a party is going on the other side of the street to your house, is it lawful for party guests to park in front...

of your house without your explicit consent? As it would seem to me that the immediate road in front of your home is reserved for your vehicle to be able to park.

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answered on Mar 24, 2024

It's common to assume that the space directly in front of one's home is reserved for their own use, but this is not always legally the case. On public streets, parking is typically available to anyone on a first-come, first-served basis, unless otherwise marked by signs, such as for... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for New Mexico on
Q: My son is incarcerated in McKinney county adult detention Gallup nm.in which several officers beat my son and were tryin

Trying to break my sons wrist.I was told the nurse took pictures of what was done to my son but not of all the bruises he has.they said my son was on 72 hour hold which has passes and was extended to 37 days.I he hasn’t been given a call since this incident.other inmates are who have notified me... View More

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answered on Mar 14, 2024

Hearing about your son's situation in detention must be incredibly distressing. It's important to take immediate steps to address this issue. First, document everything you've been told by other inmates and any communication you've had with the facility regarding your son's... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Is it illegal for somebody to post a 15-year-olds police interrogation recording on YouTube?

This video is of my son who was 15 at the time of the reording and myself. I never gave anybody permission to post this video on YouTube. The YouTube user is profiting from his videos on his YouTube channel. Is this legal??

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answered on Feb 23, 2024

It is likely illegal for someone to post a police interrogation recording of a minor on YouTube without proper authorization. In most jurisdictions, recording and disseminating such material without consent from both the minor and their legal guardian would violate privacy laws and potentially... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Juvenile Law for New Mexico on
Q: Is it illegal for a user to post a video on YouTube of a minor being interrogated without parental permission?

My son was 15 years old at the time of the recording of the video. I am also seen in the video. Can I take legal action to have the video removed? My son has been receiving death threats because of this video. I have filed a privacy complaint by reporting the video, but YouTube has yet to respond.... View More

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answered on Feb 23, 2024

Given the circumstances you've described, it appears that posting a video of a minor being interrogated without parental permission could potentially violate privacy laws. As a parent, you have the right to protect your son's privacy and well-being. You may have legal grounds to take... View More

2 Answers | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Is it legal for a store to have you removed by the police if you have not committed a crime.. then or ever??
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answered on Feb 8, 2024

In New Mexico, as in other states, store owners or managers have the right to refuse service to anyone or ask someone to leave their property for almost any reason that is not discriminatory under federal or state law (e.g., based on race, religion, gender, etc.). If a person refuses to leave after... View More

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