New Mexico Questions & Answers by Practice Area
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New Mexico Questions & Answers
Q: Does hear say from a 6 year old girl from a audio recording from another agencys interview provide evidence 4 warrent
Brian Scott Winkler's answer
Well, generally I would say no! However, the word "another agency" is a little ambiguous. If it means another law enforcement agency that made a pretext phone call, then maybe, because I have seen that happen. I have filed similar motions to quash and still based many times, on the serious nature of allegations of the statements, although it should be irrelevant, many judges will still allow in or a portion threreof!
Well, generally I would say no! However, the word "another agency" is a little ambiguous. If it means another law enforcement agency that made a pretext phone call, then maybe, because I have seen that happen. I have filed similar motions to quash and still based many times, on the serious nature of allegations of the statements, although it should be irrelevant, many judges will still allow in or a portion threreof!
Q: Do I have a case?
Peter Munsing's answer
Get follow up care. You may or may not have had improper care. Would suggest you contact a member of the NMex Assn for Justice that handles medical cases--they give free consults. However, medical cases are extremely expensive so at this point most attorneys would say to wait and see what the fallout is.
Get follow up care. You may or may not have had improper care. Would suggest you contact a member of the NMex Assn for Justice that handles medical cases--they give free consults. However, medical cases are extremely expensive so at this point most attorneys would say to wait and see what the fallout is.
Q: I am on six months period after applying for my OPT extension recently I received approval for I-140 what should I do
Roger Carl Algase's answer
For someone who has an approved I-140 and is in the US with a legal visa and a current priority date, the next step is usually to file an I-485 Adjustment of Status green card application.
For someone who has an approved I-140 and is in the US with a legal visa and a current priority date, the next step is usually to file an I-485 Adjustment of Status green card application.
Q: Are you supposed to report medical malpractice to any sort of government agency?
Peter Munsing's answer
"supposed to?" it isn't the responsibility to report it for anyone. There may be underlying circumstances that need to be reported depending on a state's health/hospitals reporting requirements.
"supposed to?" it isn't the responsibility to report it for anyone. There may be underlying circumstances that need to be reported depending on a state's health/hospitals reporting requirements.
Q: Hi my bother was killed in nov of 2015 cops wouldnt give me anything just letter saying it was justified
Peter Munsing's answer
First there would have been an autopsy. That should say something about the shots in the body. Second you need to contact the Civil Liberties Union for whatever state it happened. Ask for their "cooperating attorneys" for "police misconduct" cases. They will give you free consultation. You will have to work with an attorney wherever it happened for now. No one from out of state would handle the case with the little bit of facts you have--unless you want to pay them by the hour.
First there would have been an autopsy. That should say something about the shots in the body. Second you need to contact the Civil Liberties Union for whatever state it happened. Ask for their "cooperating attorneys" for "police misconduct" cases. They will give you free consultation. You will have to work with an attorney wherever it happened for now. No one from out of state would handle the case with the little bit of facts you have--unless you want to pay them by the hour.
Q: Single working mom for 8 years. Biological dad never paid any child support threatens to take child away.
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
New Mexico
on
Answered on May 21, 2017
Answered on May 21, 2017
Gary William Boyle's answer
The issues of child support and physical custody are separate issues. The child's father has an obligation to provide support for the child. The child's mother can go to court and request child support any time. The Court will award child support based on the parents' income and the worksheet generated by the statutes. The Court will award past child support as well.
If either party asks the Court to get involved in custody issues, the Court's job would be to determine what custody...
The issues of child support and physical custody are separate issues. The child's father has an obligation to provide support for the child. The child's mother can go to court and request child support any time. The Court will award child support based on the parents' income and the worksheet generated by the statutes. The Court will award past child support as well.
If either party asks the Court to get involved in custody issues, the Court's job would be to determine what custody...
Q: How do I stop perusing child support? We have came to an agreement on the issue, it hasnt gone to court. Thanks Jennifer
Gary William Boyle's answer
You should get the Court's approval before you change child support payments. If you agree on the new child support amount, you can submit a stipulated order to the Court. You will both need to sign the stipulated order and the order should provide for the new child support amount and should provide the Court with the facts that the Court would require to determine child support. That would include both parties' incomes and the amount of any of the child's special expenses that are...
You should get the Court's approval before you change child support payments. If you agree on the new child support amount, you can submit a stipulated order to the Court. You will both need to sign the stipulated order and the order should provide for the new child support amount and should provide the Court with the facts that the Court would require to determine child support. That would include both parties' incomes and the amount of any of the child's special expenses that are...
Q: If you acquire a company are you required to honor all of the current owner's existing vendor contracts?
Gary William Boyle's answer
If you buy the stock of the company, the vendor contracts will continue to be contracts of the company you purchased and will be in force according to their terms. If you buy the assets of the company, the vendor contracts will remain with the seller and you would be free to deal with vendors as you please. Of course, there are many other considerations to take into account when deciding whether to purchase stock or assets.
If you buy the stock of the company, the vendor contracts will continue to be contracts of the company you purchased and will be in force according to their terms. If you buy the assets of the company, the vendor contracts will remain with the seller and you would be free to deal with vendors as you please. Of course, there are many other considerations to take into account when deciding whether to purchase stock or assets.
Q: i am llooking for an attorney in Albuquerque that will take a case on wrongful death pro bono
Peter Munsing's answer
Look for members of the N.Mexico Assn for Justice--they give free consults, take cases on a contingent fee.
Look for members of the N.Mexico Assn for Justice--they give free consults, take cases on a contingent fee.
Q: I have an ecommerce website and I copied the descriptions from another competitors site. They are now threatening to sue
Will Blackton's answer
Without more details about your case, all I can say is that using someone's literary works without their permission can be the basis for a copyright infringement lawsuit.
Without more details about your case, all I can say is that using someone's literary works without their permission can be the basis for a copyright infringement lawsuit.
Q: If you suffer chronic migraines after a car accident can you seek damages for that?
Peter Munsing's answer
You can but you will likely get more for your other injuries just because it's difficult to prove migraines and also they can come from a variety of sources. Contact a member of the NM Assn for Jucstice--they give free consultations.
You can but you will likely get more for your other injuries just because it's difficult to prove migraines and also they can come from a variety of sources. Contact a member of the NM Assn for Jucstice--they give free consultations.
Q: Does new mexico allow a non lawyer to assume next friend status and assist an ill, pro se litigant in civil court?
Gary William Boyle's answer
No. To represent someone in Court you have to be licensed as an attorney.
No. To represent someone in Court you have to be licensed as an attorney.
Q: Hello, my wife left with my children and is refusing to allow visitation. What are my rights currently in New Mexico?
Gary William Boyle's answer
You would have to file a divorce action and ask the Court to allow you time with the children. If the Court issues an order regarding visitation, both of you would have to obey the order or risk being punished by the Court.
You would have to file a divorce action and ask the Court to allow you time with the children. If the Court issues an order regarding visitation, both of you would have to obey the order or risk being punished by the Court.
Q: If I am married for 9.5 yrs am I entitled to half of my spouses military retirement
Gary William Boyle's answer
No. You would be entitled to 23.75% of your spouse's post-retirement military pay assuming that your spouse retires after exactly 20 years of service. The government will not pay your portion directly to you unless you are married for 10 years but the Court can direct that your spouse pay you directly or can even award a lump sum in lieu of future payments if the Court believes that is equitable.
No. You would be entitled to 23.75% of your spouse's post-retirement military pay assuming that your spouse retires after exactly 20 years of service. The government will not pay your portion directly to you unless you are married for 10 years but the Court can direct that your spouse pay you directly or can even award a lump sum in lieu of future payments if the Court believes that is equitable.
Q: Hi my question is: How do I go about having custody of my son 50/50?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
New Mexico
on
Answered on Apr 28, 2017
Answered on Apr 28, 2017
Gary William Boyle's answer
You would have to file a motion with the Court asking the Court to award you time with your child. The Court will take into account everything that is relevant.
You would have to file a motion with the Court asking the Court to award you time with your child. The Court will take into account everything that is relevant.
Q: What does "...the other parent shall cooperate in obtaining the same" mean? (see more information) Thank you!
Gary William Boyle's answer
The statement means that the other parent would be obliged to cooperate in filling out the paperwork. It does not say anything about who would keep possession of the passport. That would have to be determined by the Court.
The statement means that the other parent would be obliged to cooperate in filling out the paperwork. It does not say anything about who would keep possession of the passport. That would have to be determined by the Court.
Q: I have a man who has threatened to email my boss in hopes of getting me fired on top of saying suggestive content
1 Answer
| Asked
in
Criminal Law, Communications Law, Federal Crimes and Libel & Slander
for
New Mexico
on
Answered on Apr 23, 2017
Answered on Apr 23, 2017
Glenn B. Manishin's answer
If he is an employee or officer of the company, you may have a civil claim for s x discrimination or sexual harassment. If not, there may be a crime involved, extortion being one of them, so make out a complaint to the applicable police dept.
If he is an employee or officer of the company, you may have a civil claim for s x discrimination or sexual harassment. If not, there may be a crime involved, extortion being one of them, so make out a complaint to the applicable police dept.
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