In a Metro Court jury trial for battery against a household member under NMSA § 30-3-15, you face a misdemeanor charge requiring the State to prove beyond a reasonable doubt that you unlawfully and intentionally touched or applied force to the alleged victim in a rude, insolent, or angry manner.... View More

Under New Mexico Statute § 30-31-27.1, certain individuals are granted limited immunity from prosecution for possession or use of controlled substances if the evidence was obtained as a result of seeking medical help during an overdose situation. The intent of the statute is to encourage people to... View More

I’m sorry you’re dealing with this — it sounds very frustrating, especially in a probate matter where timing and documentation are critical.

If your attorney failed to file evidence or motions properly, you can take a few key steps:

1. Protect your record and appellate rights.... View More

I'm sorry you're going through this. That timeline going back to 2018 is problematic, unless attorneys are able to find any legal doctrines they could exploit to toll (stop the clock from ticking) on the statute of limitations. You could try to see if attorneys other than the ones you... View More

It sounds like the warrant has been outstanding for some time. That is a factor against a judge canceling the warrant. However, it does sound like there are significant mitigating factors that might be meaningful to a judge. Ultimately, having a lawyer file a motion to cancel is a MUCH better... View More

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

A New Mexico attorney could advise best, but your question remains open for a week. You ask some very good questions. It could be difficult to offer a quick, direct answer to them though. Your attorney is probably evaluating the case not only from a standpoint of liability, but from one of... View More

I am sorry that you are going through this. It is very disappointing that this apartment complex that you pay money for is unwilling to keep you and your neighbors safe.

This man would be liable for an intentional tort by assaulting you. It appears it was already proven because he admitted... View More

A New Mexico attorney could advise best, but your question remains open for two weeks. I do not believe those circumstances would serve to toll the statute of limitations. Tolling is usually based on reasons such as the claimant being an infant at the time, or being incapacitated in some manner.... View More

NM law requires both parties to stay at the scene of the crash and exchange information--driver's license and insurance. Sounds like you might have exchanged information. Also sounds like no law enforcement showed up to investigate.

Any person can make a claim against your... View More

The communications before the termination and immediately after the termination are really important in determining whether you have a legal malpractice claim in NM. An attorney has the duty to keep the client updated on matters related to the claim the lawyer is handling for the client. It would... View More

False imprisonment in New Mexico is a serious crime because it is a felony. A case involving false imprisonment and battery often comes down to an analysis of how credible and consistent the alleged victim has been. The defendant will want to figure out if there are any defense witnesses available,... View More

Hello. I am sorry that you were neglected by your attorney. You deserve more communication and better service from a lawyer. The answer to your question certainly depends on the severity and seriousness of the charge in question. I have seen, for example, cases where the defendant would try to... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2024

You can file your own report with adult protective services. But chances are that will not bring any relief. The only real solution is to hire an attorney to petition the court to appoint you as guardian and conservator for your father. If you have limited means you might try your local legal aid... View More

It is possible to get some types of tickets removed from your record. The legal process in New Mexico is called a petition for expungement. The statute is Section 29-3A-4 and 29-3A-5. Check out NMOneSource (nmonesource.com). It's a really great free resource with all of New Mexico's laws... View More

I do not practice criminal law, but your post came up under "International Law." Don't mess around with this on public forums inquiring about aftermaths. Seek the guidance of a criminal defense attorney without delay. You posted in the beginning of the week and we're now at a... View More

A New Mexico attorney could advise best, but your question remains open for two weeks. Until you're able to speak with a local attorney or an official from the buildings department, one issue that could possibly arise from the standpoint of insurance is whether there are inconsistencies in... View More

Nate Crowley Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2024

Technical violations are smaller things, like missing a meeting with the PO.

Leaving the county then coming back same day without permission is a technical violation in my opinion. Leaving the county then going to another country and not coming back for years would not be a technical... View More

It might be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Consult with experienced malpractice attorneys in the state where this occurred.

Due to the... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn 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