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New Mexico Civil Rights Questions & Answers
1 Answer | Asked in Immigration Law and Civil Rights for New Mexico on
Q: What legal options are available for a VAWA renewal after missing the deadline due to representative mismanagement?

I am seeking advice regarding my mother's immigration status. She was under protection through the VAWA program, which expired on November 2, 2025. Unfortunately, she missed the renewal deadline because the representative assisting her, affiliated with a Catholic organization, took her payment... View More

James L. Arrasmith
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answered on Nov 10, 2025

You still have a path forward. File an immediate VAWA-based employment authorization renewal on Form I-765 in category (c)(31); late filings are accepted, but you will not have the automatic 540-day extension, so you must wait for the new card before working again. Include a concise cover letter... View More

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for New Mexico on
Q: I’m seeking legal guidance regarding a tort claim and potential federal civil rights lawsuit involving officers

On August 10, 2025, multiple officers entered my home without a warrant. They approached my apartment balcony, called quietly to my 14-year-old son, who is cognitively disabled (K-1 functioning level, ADHD, learning disabilities), and instructed him to “come outside quietly” while I was in my... View More

James L. Arrasmith
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answered on Nov 10, 2025

What you describe supports multiple claims: a Fourth Amendment claim for warrantless home entry and seizure, a Fourteenth Amendment claim for due process and equal protection violations, and a claim under the Americans with Disabilities Act (ADA) for failure to accommodate and for targeting a... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Criminal Law for New Mexico on
Q: How to address legal system issues and secure a fair trial while self-representing?

I am representing myself in a case in San Juan County, NM. During my case, witnesses did not complete the trial, resulting in one charge being dropped. Another charge was carried over to an unrelated new charge without proper evidence shown, and the District Attorney's office has not... View More

James L. Arrasmith
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answered on Nov 6, 2025

Since you are self-representing, your first priority is to **formally document all issues** you have encountered, including missing witness communication, dropped or carried-over charges, and receipt of any documents you believe are illegal. Keep copies of all filings, correspondence, and evidence,... View More

1 Answer | Asked in Civil Rights and Domestic Violence for New Mexico on
Q: Police officer claimed I had no right to safety at home; seeking legal advice on handling abuse reports.

I have lived in my home for 20 years, but recently a police officer told me that I have no right to feel safe and must tolerate abuse. Despite reporting prior incidents of abuse to the authorities, this statement has left me feeling vulnerable. I am seeking legal advice on how to ensure my safety... View More

James L. Arrasmith
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answered on Nov 4, 2025

You do not have to tolerate abuse in your own home, and any officer who told you otherwise was wrong as a matter of law and basic policing standards. In New Mexico, domestic abuse is unlawful and you may petition the district court for an order of protection—often the same day—including... View More

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for New Mexico on
Q: What can I do about my medical school dismissal in NM due to lack of ADA accommodations?

I was dismissed from my second year of medical school in New Mexico and no accommodations were provided under the ADA, Section 504, or the NMHRA for my diagnosed disability. I have ADHD, Inattentive Type, which affects my processing speed. Despite having a formal diagnosis before my appeal, my... View More

James L. Arrasmith
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answered on Oct 31, 2025

If you were dismissed from medical school without being offered reasonable accommodations for your diagnosed ADHD, you may have grounds to challenge the school’s actions under the **Americans with Disabilities Act (ADA)**, **Section 504 of the Rehabilitation Act**, and the **New Mexico Human... View More

1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for New Mexico on
Q: What are my rights if charged in jail without notification? Can I be charged while incarcerated without signing any documents?

I'm in a legal predicament in New Mexico. My public defender moved my case from magistrate to district court without informing me. While incarcerated, I was also charged with contributing to the delinquency of a minor. I never signed any documents related to the initial charge, and I feel my... View More

James L. Arrasmith
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answered on Oct 24, 2025

You did not forfeit constitutional protections just because you were in jail. You still hold the rights to notice of the charges, counsel, arraignment before the district court, a preliminary hearing unless a grand jury indicted you, and to contest probable cause. No court can proceed to... View More

1 Answer | Asked in Civil Rights, Identity Theft, Gov & Administrative Law, Criminal Law and Consumer Law for New Mexico on
Q: Why are my court records missing from NM court websites?

I recently discovered that when I search for my name in New Mexico court records, none of my past court dates or cases appear. This is concerning because previously, all my court relations, including past criminal cases ranging from petty misdemeanors to felonies (which were reduced to... View More

James L. Arrasmith
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answered on Oct 22, 2025

What you are seeing often happens for four reasons in New Mexico: the online Case Lookup filters or name-matching changed; a clerk sealed or expunged items under the Criminal Record Expungement Act; a data migration or portal outage hid cases; or identifiers were merged with an alias or wrong... View More

1 Answer | Asked in Family Law, Gov & Administrative Law and Civil Rights for New Mexico on
Q: Is CYFD right to force us to sign away parental rights after taking our son without probable cause?

I recently faced a heartbreaking situation where my 3-month-old daughter passed away due to aspirating her food. Despite doctors confirming in front of CYFD investigators that her death was an accident and nothing was our fault, CYFD took our son on September 30, with no open cases against us and... View More

James L. Arrasmith
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answered on Oct 16, 2025

No. CYFD cannot lawfully force you to sign away parental rights; termination happens only by a judge’s order on clear and convincing evidence or by a truly voluntary, counseled, written relinquishment accepted in court. You do not have to surrender your rights to prevent foster placement.... View More

1 Answer | Asked in Gov & Administrative Law and Civil Rights for New Mexico on
Q: Why is an NM inmate seeing the parole board early with a non-terminal illness?

I am concerned about an inmate in the NM correctional department serving a 5-year concurrent sentence for two separate cases and is a habitual offender involved in a death. She has only served 5 months and is already seeing the parole board, possibly due to her health problems, including being on... View More

James L. Arrasmith
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answered on Oct 13, 2025

In New Mexico, an inmate can sometimes be reviewed by the parole board earlier than expected due to special circumstances, such as serious medical issues or administrative reviews. Even though the illness isn’t terminal, being on dialysis or having other chronic conditions can qualify for... View More

1 Answer | Asked in Civil Rights and Civil Litigation for New Mexico on
Q: Question about being trespassed from Walmart due to complaint

My girlfriend was trespassed from Walmart after I made a complaint about a management member. The police informed her that the situation was due to my complaint. Since then, the management member has twice called the cops on me, accusing me of harassment and mentioning a trespass order, though I... View More

James L. Arrasmith
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answered on Sep 18, 2025

You are right to be cautious here, because the situation involves both private property rights and your civil rights under New Mexico and federal law. Walmart, as a private business, can generally issue a trespass notice and bar individuals from entering its property. If your girlfriend was... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Civil Litigation and Gov & Administrative Law for New Mexico on
Q: City deleted my Facebook comment exposing construction company, claiming it violates standards. Want to pursue free speech violation claims in NM.

I have been exposing a construction company in our city, highlighting how they bypass legal bidding processes for jobs, essentially gaining unchecked control over city projects. I've commented on this matter peacefully several times before, but recently, the city deleted my comment on... View More

James L. Arrasmith
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answered on Sep 18, 2025

You have the right to express your views on matters of public concern, and public comment on government-affiliated social media pages can be protected under the First Amendment. However, enforcement can be complicated when the platform itself, like Facebook, sets community standards, because the... View More

1 Answer | Asked in Civil Rights, Employment Law and Civil Litigation for New Mexico on
Q: Was my girlfriend trespassed from Walmart legally after my complaint about bathroom use?

Was it legal for a manager at Walmart to have the police remove and trespass my girlfriend just because I complained about an employee using the family/handicapped bathroom, which led to my disabled mother waiting over ten minutes? The manager hung up on me during the call, and later, my girlfriend... View More

James L. Arrasmith
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answered on Sep 17, 2025

In general, private businesses like Walmart have the right to control who is allowed on their property. This means a manager can ask someone to leave and request that police enforce a trespass if the person refuses. The police usually act on the property owner’s request, even if the individual... View More

1 Answer | Asked in Criminal Law and Civil Rights for New Mexico on
Q: Ex falsely accuses me of rape from 10 yrs ago, what to do?

My ex-girlfriend is falsely accusing me of rape for an incident that happened 10 years ago. We were dating at the time, had a conversation about consent before being intimate, and she agreed. The only issue was she was on mushrooms, and I was not, but she seemed normal during our conversation.... View More

James L. Arrasmith
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answered on Sep 16, 2025

Even though this accusation is from ten years ago, it’s important to take it seriously. You should keep a detailed record of any communications with your ex, including texts, emails, and notes from past conversations, especially those that support your understanding of consent. Any evidence that... View More

1 Answer | Asked in Employment Law and Civil Rights for New Mexico on
Q: Falsely accused of abuse under NM DD Waiver Act; how to protect employment following client admission.

I am a full-time direct service provider at a group home for adults with developmental disabilities. Four days ago, I was falsely accused of abuse and neglect by a client under the New Mexico DD Waiver Act. I was sent home immediately, and an investigation was launched with an ANE report filed, and... View More

James L. Arrasmith
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answered on Sep 11, 2025

Start by documenting everything in detail, including the false accusation, the client’s admission, conversations with your supervisor, and any signs of retaliation from coworkers. Keep emails, messages, or notes that show your supervisor assured you your job was safe, as this can be important if... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Real Estate Law for New Mexico on
Q: Can personal property be taken without judicial approval under an incorrect abatement notice?

I am experiencing ongoing harassment via an abatement notice falsely claiming my house is dangerous, requiring removal of rubbish, debris, and unsheltered junk. The notice was posted shortly after I moved belongings in following tenant eviction, was not signed by a judge, and provided less than 12... View More

James L. Arrasmith
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answered on Aug 30, 2025

Under the Constitution, your personal property cannot be taken by the government without due process of law. Typically, this means there must be proper notice, an opportunity to be heard, and judicial oversight before items are seized or destroyed. An abatement notice issued by code enforcement... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Civil Rights, Personal Injury and Real Estate Law for New Mexico on
Q: Issues with mold, symptoms, and possibly fraudulent lease in NM property.

I lease a property in New Mexico and have been experiencing symptoms such as headaches, confusion, fatigue, chills, body aches, and heavy eyes for two days, possibly related to mold or mushroom spores near the property. I reported the issue to the property management lawyer and received a... View More

James L. Arrasmith
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answered on Sep 8, 2025

You should first document all health symptoms and property issues in detail, including photos of mold, mushroom spores, and any water damage, along with medical records if you seek care. Keep copies of all communications with the property manager and lawyer, especially those dismissing your... View More

2 Answers | Asked in Civil Rights and Criminal Law for New Mexico on
Q: How to sue police for failing to protect and serve after bar assault incident in NM?

I want to explore legal options for suing the police department for failing to protect and serve in a situation where my fiance was assaulted at a bar. She was attacked unprovoked by another woman, and during the incident, she defended herself. Despite several witnesses, the police charged her with... View More

Maxwell Pines
Maxwell Pines
answered on Jul 20, 2025

To pursue a lawsuit against the government here, you should consult with an attorney about the details as soon as possible. This is because there are some deadlines in New Mexico to file a notice of intent to sue: 90 days Tort Claims Act, 1 year Civil Rights Act. This is aside from the statute of... View More

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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law, Federal Crimes and Criminal Law for New Mexico on
Q: When a is acting outside the scope of official duties in violation of Title 42 USC §1981 & §1983, 14th §1.

1) The complaint failed to show the court has jurisdiction over the subject matter, 2) the attorney falsely filed the complaint contrary to the article its using, provides not evidence to support the complaint, by Law the judge is disqualified (28 USC §455(b)(1)), 3) The court failed taking... View More

James L. Arrasmith
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answered on Jul 15, 2025

You’re raising some serious constitutional and procedural concerns, and it’s clear you feel the court system has failed to respect your rights. When an official, including a judge or officer of the court, acts outside their lawful authority—especially in ways that harm protected rights under... View More

1 Answer | Asked in Civil Rights, Criminal Law, Appeals / Appellate Law and Civil Litigation for New Mexico on
Q: Imprisonment despite severed and dismissed case; seeking justice.

How can my son be imprisoned when his case was severed and dismissed? I have screenshots from a government website showing no current records of his case, and another source says the case file was destroyed. His lawyer and the judge recused themselves from the case. During the hearing, my son was... View More

James L. Arrasmith
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answered on Jul 10, 2025

What you're describing raises serious questions about due process and fairness. If your son’s case was dismissed and records show no active charges, yet he remains imprisoned, there may have been procedural errors or even misconduct. Signing a blank plea agreement is highly irregular, and... View More

1 Answer | Asked in Native American Law, Gaming and Civil Rights for New Mexico on
Q: Tribal casino banned me for life based on untested substance without police involvement; history of harassment.

As a member of the tribe associated with the Navajo Nation tribal casino, my purse was searched by casino security in 2019, and they found a bag of what they believed to be meth. I was banned for life without the substance being tested or the involvement of police. There has been a history of... View More

James L. Arrasmith
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answered on Jul 5, 2025

What happened to you is deeply troubling—being banned for life without any confirmed evidence or police involvement raises serious questions about fairness, due process, and potential abuse of authority. The fact that the substance was never tested and that no law enforcement agency was involved... View More

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