Get free answers to your Constitutional Law legal questions from lawyers in your area.
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
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
If your public defender knows the other personally are they still able to defend you or can i request for some one else?
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... View More
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
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... View More
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... View More
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??
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
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
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
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
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
the vehicle is not registered to person with the warrant
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
And permanent injury did occur
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
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... View More
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
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
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
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
Purchased new vehicle from franchised new car dealership. Received trade-in credit, and balance financed with a loan the dealer assigned to a local credit union. Dealer said CU will contact me with payment amount and due date. I bought supplemental coverages, paid TT&L fees, & sales tax -... View More
answered on Nov 5, 2023
In seeking representation for your case, you would want to look for attorneys who practice consumer protection law or specialize in auto dealer fraud. The New Mexico State Bar Association offers a lawyer referral service that could connect you with a lawyer who has the relevant experience for your... View More
I was charged arrested with possession of a controlled substance. Hired a attorney got my charges dismissed. The overdose statue 30-31-27.1. Can I sue police dept for search warrant charges arrest. Because this should of never happend.
answered on Oct 15, 2023
If the actions of the police department violated the protections afforded to you under statute 30-31-27.1 or any other law, you may have grounds to bring a civil action against the department. The mentioned statute provides immunity from arrest, charge, and prosecution for individuals seeking... View More
answered on Oct 15, 2023
Mistakes or errors on a citation, including inaccuracies in the vehicle description, do not necessarily result in automatic dismissal of the citation(s). While such errors may be relevant, they are not always determinative in court proceedings. The outcome of a citation case typically depends on... View More
Who would be responsible for doors and valuables. Our residence was left unsecured and unattended.
answered on Oct 15, 2023
If the police executed a valid arrest warrant and followed proper procedure, the police department might not be liable for the damage to the doors.
However, if the officers acted negligently or outside the scope of their authority, the department could potentially be held responsible for... View More
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
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
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