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New Mexico Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for New Mexico on
Q: My mom passed at home in Albuquerque do police automatically have the right to search my home
Tim Akpinar
Tim Akpinar answered on Jan 26, 2020

I'm sorry for the loss of your mother, and that your question remains open for four weeks. Maybe you could repost under Criminal Law, or directly contact a criminal law attorney you find on this site or through your independent search. You're correct in that this is a constitutional law... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for New Mexico on
Q: can a charge hold up in court if the findings were obtained thru a search of house while only minor son present no war

cops came to my house (initialy to talk about daughter being pulled over at 4 am with adult male) knocked on door didnt announce they were police, after ? me and my bf about said incident they were going to leave but they said they smelled a foul oder which they believed to be weed. i called my... Read more »

William Jaksa
William Jaksa answered on Jul 11, 2019

The very short answer is yes.

There are certainly triable issues and grounds to argue that the search warrant should never have been issued. Were the police acting within their duties when they originally attended? Where they lawfully within the dwelling when they observations (smelled the...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for New Mexico on
Q: I have a complaint about the sheriff's department

I have a complaint about the sheriff'sdepartment illegally searching my house, twice and towing my car because I refused to file a false police report - what type of lawyer do I need? civil rights?

Marshall Jason Ray
Marshall Jason Ray answered on May 23, 2016

There are attorneys who specialize in bringing lawsuits against law enforcement officers and agencies for violations of civil rights. They may advertise as personal injury or civil rights lawyers.

1 Answer | Asked in Constitutional Law, Civil Rights and Criminal Law for New Mexico on
Q: Completed a 3 year sentence in doc and just won my appeal in new Mexico court of appeals what actions can I take

I was found guilty by a jury I was sentenced to 5 1\2 years ..18 months for a 4th plus they gave me the 4 year obitual offender .. Court of appeals recently reversed my conviction

Marshall Jason Ray
Marshall Jason Ray answered on Mar 19, 2016

You should consult with an attorney. What options you have will depend on many facts, which you have not provided here. For example, you may be contemplating bringing a civil rights lawsuit. You do not automatically have a case just because your conviction was overturned after you served some... Read more »

1 Answer | Asked in Constitutional Law for New Mexico on
Q: Can i carry my handgun in to stores in the open
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

http://www.dps.state.nm.us/index.php/nm-concealed-carry/

1 Answer | Asked in Constitutional Law for New Mexico on
Q: What is a fourth degree felony
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

http://www.criminaldefenselawyer.com/resources/criminal-defense/felony-offense/New-Mexico-felony-class.htm

1 Answer | Asked in Constitutional Law for New Mexico on
Q: What is the legislation in New Mexico regarding defamtion?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

You can look up the laws in NM, probably right here on Justia. If you want to have an attorney do that for you, it probably will not be done for free.

1 Answer | Asked in Constitutional Law for New Mexico on
Q: Can a person be arrested for disorderly conduct if he/she left a very profane message for a police officer?

A police officer and a us marshal went to a woman's house and asked if she had seen a person under warrant for an arrest. She said no and the officer left his card with her and left. The following day her son called and left a message using very foul and abusive language for the deputy... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 14, 2015

Perhaps to the first two questions. We do not know for the third. He needs a private criminal defense attorney to investigate all the facts and circumstances.

2 Answers | Asked in Civil Rights, Constitutional Law and Employment Law for New Mexico on
Q: My background was pulled and i was fired. An employee not with HR read and told me what was on it. Is it a Privacy Issue

I was terminated because of information on a background report. An employee told me i was under investigation for crimes and he informed me of what was on my background report. It isn't public record, i never knew about any allegations against me and had to find out from another employee about... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 14, 2015

To answer your question will require a bit of research on most attorneys parts. You need to actually go see one about this.

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1 Answer | Asked in Constitutional Law for New Mexico on
Q: How do I appeal a Writ of Restitution?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 12, 2015

Usually with a private appellate attorney.

1 Answer | Asked in Constitutional Law for New Mexico on
Q: What is the National Law against desecreation to the American Flag
Robert Jason De Groot
Robert Jason De Groot answered on Sep 21, 2015

See the Supreme Court case of Texas v. Johnson. A summary is on wikipedia.

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