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New Mexico Questions & Answers
1 Answer | Asked in Criminal Law for New Mexico on
Q: Is there time limit where stolen 5th wheel trailer would no longer be considered a stolen property?

Friend obtained a 5th wheel through purchase 5,000$ some time after transaction became aware it was stolen is there a certain time limit where it would no longer be considered stolen property or be considered a criminal act to have possession of such?

Stephen Aarons
Stephen Aarons answered on Mar 2, 2021

It wasnt receiving stolen property when you bought it, but it became a crime sometime thereafter whenever you became aware. There may be a statute of limitations several years down the road. If you know the rightful owner, why not see if you can get some of your money back and return it.

1 Answer | Asked in Criminal Law and Juvenile Law for New Mexico on
Q: New mexico, 16 y boy, 26 y old girl, consensual relationship. His parents approve. Is she breaking the law?

Girlfriend is 9 years and 11 months older than boy. Can someone besides parents bring charges against her?

Stephen Aarons
Stephen Aarons answered on Feb 13, 2021

16 is the age of consent so she should be OK as to criminal sexual penetration. She could get charged with contributing to the delinquency of a minor if she gets him alcohol or drugs however.

1 Answer | Asked in Medical Malpractice for New Mexico on
Q: Can I sue a doctor for misfeasance if the incident occurred several years ago? If so, what might the outcome look like?

I recently discovered that I have a medical condition, which had it been caught sooner would’ve resulted in a better prognosis.

Several years ago I presented to the E.R. with the same complaints that, ultimately, led my current physician to their diagnosis.

The doctor at the E.R.... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 7, 2021

A New Mexico attorney could advise best, but your question remains open for two weeks. As a general matter for med mal cases nationwide, the legal standard applied is not "misfeasance," but "breach of a duty." It would be difficult for anyone to answer your question about an... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: My brother is a felon and they had a search and seizure warrant. The warrant states to search a trailer at the address

No where on the warrant does it state the items to be searched for. They found bullets in the trailer and proceed outside to his truck and found a gun in it. The gun belonged to my other sister. They did not take him to jail and months later they sent him paperwork to reclaim the gun. Is this... Read more »

Stephen Aarons
Stephen Aarons answered on Feb 5, 2021

First, whether the search warrant was overly broad. Possibly. His federal public defender can best assess the application and warrant. Whether looking in the truck was even authorized by the warrant. Possible suppression issue, yes.

Second, whether a delay of less than one year between...
Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: Can my gun rights be restored after completion of deferred sentence..
Stephen Aarons
Stephen Aarons answered on Jan 27, 2021

The short answer is "no." A deferred sentence is considered a conviction and under federal law you are barred for life from possessing firearms or ammunition. There is one loophole however. If you petition the New Mexico state district court for an expungement of your conviction, and the... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for New Mexico on
Q: As a victim of hit and run j with great bodily harm, shouldn't I recieve summons or subpoena to give my story to courts?

The driver reported over phone 2 days later. Now she's trying to go no jury,no contest to a traffic citatipn, slap on wrist. I'm in a wheelchair now unable to walk.

Deena L. Buchanan
Deena L. Buchanan answered on Jan 23, 2021

You can sue her in civil court. Our firm is currently representing someone in a hit and run case in Albuquerque.

1 Answer | Asked in Probate for New Mexico on
Q: My 85y 2nd cousin died in Albuquerque. His will was old and his estate was left to A) his Mother B)my Mother

Both preceded him in death. He had no siblings, never married and no kids. Would next of kin be myself and my 2 sisters?My Mom and my Cousin Jack (decedent) were 1st cousins (his mother was my Great Aunt.

Nina Whitehurst
Nina Whitehurst answered on Jan 17, 2021

The answer does depend somewhat on the wording of the will. Bring a detailed family tree and a copy of the will that has been admitted to probate to a probate attorney for review.

1 Answer | Asked in Criminal Law for New Mexico on
Q: If someone is charged with burglary attempt and breaking and entering attempt whats the sentence carry

If the victim signs an afidavit of non prosecution does the person get released??

Stephen Aarons
Stephen Aarons answered on Jan 17, 2021

It depends on whether the attempt was residential or commercial burglary. Attempts lower the crime one degree so third degree residential burglary is of course a third degree felony carrying 0-36 months (3 years) in prison while attempted residential burglary is a fourth degree felony carrying 0-18... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Federal Crimes for New Mexico on
Q: What is the law on flag, if you have proof of someone throwing it on the ground?

And what should I do if I have proof of someone assaulting me, calling me racist names, and destruction of private property?

Stephen Aarons
Stephen Aarons answered on Jan 13, 2021

you can go to the court and petition for a protective order. If s/he does it after the restraining order is granted, the police will arrest on the spot.

1 Answer | Asked in Criminal Law for New Mexico on
Q: how do mi get my case reopened after ipleaded to it, Criminal trespass , i feel i was railroaded on the restitution
Stephen Aarons
Stephen Aarons answered on Jan 13, 2021

very difficult to set aside a plea of guilty if it was knowing and voluntary.

1 Answer | Asked in Criminal Law for New Mexico on
Q: Completed my probation in 2006. Its been 15 years since my release from probation. No new charges. Can I purchase a gun.
Stephen Aarons
Stephen Aarons answered on Jan 13, 2021

No. Federal law bans possession of a firearm for life if convicted of a felony. There is a loophole however. The feds will not consider you a felon if you get your conviction expunged by the state. Depending on the name of the crime you were convicted of (sex offenders and those convicted of DUI or... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: Can non registered sex offenders be forced to register in New Mexico if they move there?

My plea agreement in Arizona provided that upon successful completion of probation my sex offender registration would be terminated. I completed probation and the Arizona Judge ordered termination accordingly. While on probation I moved to and work in New Mexico. New Mexico is refusing to terminate... Read more »

Stephen Aarons
Stephen Aarons answered on Jan 13, 2021

Each state is different. In New Mexico, sex offender registration is required for life regardless of what Arizona law. The only recourse is to move to a state where you do not have to register.

1 Answer | Asked in Criminal Law for New Mexico on
Q: A person has a personal check made out to someone else but has not cashed or attempted transfer. Is this illegal?

Can it still be forgery if no attempt to transfer any funds or cash the check?

Stephen Aarons
Stephen Aarons answered on Jan 13, 2021

Best answer is to destroy or return the check.

1 Answer | Asked in Criminal Law for New Mexico on
Q: Once 10 years has passed since the end of my incarceration & probation period, is there anything I have to do or submit?

This is in reference to being able to legally own & possess a firearm.

Stephen Aarons
Stephen Aarons answered on Jan 13, 2021

The federal statute makes possession of a firearm or ammunition a lifetime ban until you petition the NM state district court for an expungement and the court grants your petition.

1 Answer | Asked in Criminal Law for New Mexico on
Q: I have been accused of violating section 30-16-20(b)(2) nmsa 1978 on October 9th, 2020. I was shopping with a gentlemen.

Walmart has a new service where in which you can scan items and pay by phone. He was also buying a few things for me. When the loss prevention officers approached me he fled because he is not a US citizen and is not willing to come forward and show how he had purchased his items in this way

Stephen Aarons
Stephen Aarons answered on Jan 13, 2021

You did not ask a question. You could plead not guilty, demand a trial and testify as to what happened. If you cannot afford an attorney the court will provide you one.

1 Answer | Asked in Child Support for New Mexico on
Q: I GET SSI DO I STILL HAVE TO PAY CHILD SUPPORT I WAS COURT ORDERED
Paul Ylvisaker
Paul Ylvisaker answered on Jan 3, 2021

Yes you do. Federal and state laws permit the garnishment of SSI for child support obligations.

1 Answer | Asked in Criminal Law for New Mexico on
Q: I went to an arraignment and circuit court in Santa Fe New Mexico on a charge of assault with a deadly weapon I have one

I have one case pending in Magistrate Court the judge instructed me on the case that has not yet been brought before her Court where do I stand that case is also assault with a deadly weapon but she instructed me to stay away from the place that has not yet been brought before her why is this and... Read more »

Stephen Aarons
Stephen Aarons answered on Jan 3, 2021

It is standard procedure for the judge to order the defendant to stay away from wherever this happened. That includes staying away from one's own home when there is an allegation of assault on a household member. Judge Sena probably let you out of jail before the file was prepared on Monday by... Read more »

1 Answer | Asked in Employment Law for New Mexico on
Q: Hrs of overtime are being taken for lunch hrs ..

How is it our overtime is taken for lunch hrs when regular hrs could be the source of deduction for lunch.

Rhiannon Herbert
Rhiannon Herbert answered on Dec 23, 2020

If your lunch break lasts 30 minutes or longer, and if you do not perform any job duties during your lunch break, then your employer can deduct this break time from your pay. However, if you still work over 40 hours per 7-day workweek after the deduction for lunch break time, this time must be paid... Read more »

1 Answer | Asked in Child Custody and Child Support for New Mexico on
Q: Child support: How does the custodial parent receive relieve or payment when the paying parent is in prison?
Paul Ylvisaker
Paul Ylvisaker answered on Dec 21, 2020

You are in a difficult situation. If the parent owing support is imprisoned, then obtaining child support is usually not feasible. Some states will reduce child support to $0 during incarceration, others will allow the monthly balance to accrue at the monthly amount creating a potentially large... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for New Mexico on
Q: Does a revocable trust protect the property held within from outside lawsuits in New Mexico?
Nina Whitehurst
Nina Whitehurst answered on Dec 21, 2020

The simple answer is no. You should consult with an attorney who specializes in asset protection if that is your highest priority.

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