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New Mexico Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law and Criminal Law for New Mexico on
Q: pulled over for speeding, police impounded car to get search warrant after i refused search

officer claimed he smelt fentynal so he asked to search the car i said no, he claimed i said yes but i kept saying no. threatened me by stating he would call my husband probation officer if i refused to let him search car. car isnt mine. my husband and i just cashed our check that we needed to... View More

James L. Arrasmith
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answered on Jul 21, 2024

You have a few important steps to take right away. First, make sure to document everything that happened, including the officer’s threats, your refusal to consent to the search, and the fact that you didn't receive any paperwork. This documentation will be crucial for your defense and any... View More

1 Answer | Asked in Criminal Law and Constitutional Law for New Mexico on
Q: Can a judge stop you from representing yourself?

If your public defender knows the other personally are they still able to defend you or can i request for some one else?

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answered on Jun 17, 2024

A judge can stop you from representing yourself if they determine that you are not competent to do so. This decision is based on whether you understand the charges against you and can adequately defend yourself. The judge's primary concern is to ensure that you receive a fair trial.

If...
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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 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

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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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 24, 2024

Generally, a store has the legal right to ask you to leave their premises if they believe you are engaging in behavior that disrupts their business or violates their policies. However, simply being asked to leave does not necessarily mean you have committed a crime. Stores have the authority to... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Can the police encroach on a property into the court the house and confiscate personal property without court order?
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answered on Feb 7, 2024

In New Mexico, as in the rest of the United States, the police generally cannot encroach upon private property and confiscate personal property without a court order, such as a search warrant, unless specific exceptions apply. These exceptions might include exigent circumstances where the police... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Can the police encroach on a property into the court the house and confiscate personal property without court order?
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answered on Feb 24, 2024

In most cases, the police cannot encroach on private property and confiscate personal belongings without a valid court order or warrant. The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures, requiring law enforcement to obtain a warrant from a... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for New Mexico on
Q: can police stop a vehicle looking for someone with a warrant without seeing them in the car nor a traffic violation NM

the vehicle is not registered to person with the warrant

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answered on Jan 18, 2024

In New Mexico, as in other states, police generally need a valid reason to stop a vehicle. This can be a traffic violation or reasonable suspicion that a crime is being, has been, or is about to be committed. If the police are looking for someone with a warrant, they typically need some basis to... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Medical Malpractice for New Mexico on
Q: What can I do about being given medication without consent during a mental evaluation involuntary at an ER room NM

And permanent injury did occur

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answered on Jan 18, 2024

If you believe that you were given medication without your consent during an involuntary mental evaluation in an ER in New Mexico, and this led to permanent injury, you may have grounds for legal action. In healthcare, patient consent is a fundamental principle, especially when it comes to... View More

1 Answer | Asked in Constitutional Law for New Mexico on
Q: Legality of carrying brass knuckles. Is it legal to open carry brass knuckles in a fashion that it is visible.
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answered on Jan 11, 2024

Understanding the legality of carrying brass knuckles, especially in an open and visible manner, is important for ensuring that you're in compliance with the law. In New Mexico, the laws regarding weapons can be specific and sometimes vary from one jurisdiction to another.

Under New...
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1 Answer | Asked in Civil Litigation and Constitutional Law for New Mexico on
Q: Can I sue a homeless shelter for making me take a bus to apply for college but they let another homeless person take the
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answered on Oct 20, 2024

I'm sorry to hear you're facing this challenge. It can be frustrating when you feel you're not being treated fairly.

First, consider reaching out to the shelter's management to discuss your concerns. Sometimes, misunderstandings can be resolved through open...
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1 Answer | Asked in Constitutional Law for New Mexico on
Q: Can we complain to our HOA about “trump” flags flying on poles?
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answered on Oct 10, 2024

Yes, you can complain to your HOA about "Trump" flags flying on poles if you believe they violate community guidelines. First, review your HOA's bylaws to see if there are any restrictions on flags, signs, or political displays. If the flags breach any rules, you have grounds to... View More

1 Answer | Asked in Criminal Law, Employment Law and Constitutional Law for New Mexico on
Q: If used a diploma not knowing it was fake or acreitdale what can I do or what does that consist of?

Just found out my diploma is fake after 15 years the so called school I got it from no longer exgist I did this threw mail now I in fear of legal troubles

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answered on Sep 21, 2024

It can be very stressful to discover that a diploma you’ve relied on is not legitimate, especially after so many years. The first thing you should do is stay calm and gather as much information as possible about the situation. Find any documentation, correspondence, or other details you have... 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

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, 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 and Constitutional Law for New Mexico on
Q: How long can the police hold your property if they haven't done anything with it to get evidence off of it?

In 2020 my boyfriend was shot the cops took my dvr to get evidence off of it but haven't and I can't use my cameras for my safety without it. I have called left messages and nothing. My house has been broken into and I can't use my cameras. They have not done what they told me they... View More

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answered on Nov 5, 2023

In New Mexico, as in other states, the length of time the police can hold property as evidence can vary. Generally, law enforcement can retain it as long as it is considered relevant to an ongoing investigation or until the related criminal case is resolved. However, if you feel that an... View More

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