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New Mexico Questions & Answers
1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for New Mexico on
Q: My son is incarcerated in McKinney county adult detention Gallup nm.in which several officers beat my son and were tryin

Trying to break my sons wrist.I was told the nurse took pictures of what was done to my son but not of all the bruises he has.they said my son was on 72 hour hold which has passes and was extended to 37 days.I he hasn’t been given a call since this incident.other inmates are who have notified me... View More

James L. Arrasmith
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answered on Mar 14, 2024

Hearing about your son's situation in detention must be incredibly distressing. It's important to take immediate steps to address this issue. First, document everything you've been told by other inmates and any communication you've had with the facility regarding your son's... View More

1 Answer | Asked in Tax Law for New Mexico on
Q: A woman from the NM Tax Office wants Clients addresses to verify out of state sales. Do I have to provide them?

To provide them means giving them access to thousands of clients contact information.

James L. Arrasmith
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answered on Mar 13, 2024

In general, businesses are required to maintain records and provide information to state tax authorities to verify tax compliance, including the collection of sales tax on out-of-state sales. However, there are a few important considerations:

1. Verify the request: Ensure that the request...
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1 Answer | Asked in Business Law for New Mexico on
Q: Does a volunteer community orchestra in New Mexico need to exclude NM Registered Sex Offenders from participating?

We are a New Horizons Orchestra in New Mexico and are a member of the New Horizons International Music Association. We are a nonprofit 501(c)(3) group of musicians that play music in a community orchestra. We are primarily adults and retired people but we occasionally have minors playing with us.... View More

James L. Arrasmith
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answered on Feb 28, 2024

Based on the situation you described, here are a few key considerations:

- As a community orchestra with minors participating both as musicians and audience members, you have an obligation to provide a safe environment. Excluding registered sex offenders from participation may be prudent...
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1 Answer | Asked in Civil Litigation, Civil Rights and Juvenile Law for New Mexico on
Q: Is it illegal for a user to post a video on YouTube of a minor being interrogated without parental permission?

My son was 15 years old at the time of the recording of the video. I am also seen in the video. Can I take legal action to have the video removed? My son has been receiving death threats because of this video. I have filed a privacy complaint by reporting the video, but YouTube has yet to respond.... View More

James L. Arrasmith
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answered on Feb 23, 2024

Given the circumstances you've described, it appears that posting a video of a minor being interrogated without parental permission could potentially violate privacy laws. As a parent, you have the right to protect your son's privacy and well-being. You may have legal grounds to take... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Is it illegal for somebody to post a 15-year-olds police interrogation recording on YouTube?

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??

James L. Arrasmith
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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

1 Answer | Asked in Real Estate Law for New Mexico on
Q: May New Mexico HOA Board members meet informally to discuss possible agenda issues in private, if no decisions are made?

These are informational discussions with no voting or decisions, to help us create the agenda for the monthly Open Board Meetings and come prepared to discuss and vote on items.

James L. Arrasmith
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answered on Feb 23, 2024

In New Mexico, while informal discussions among HOA Board members regarding possible agenda issues may seem innocuous, it's essential to be mindful of state laws regarding open meetings and transparency. Even if no decisions are made during these discussions, if a quorum of Board members is... View More

1 Answer | Asked in Civil Rights and Criminal Law for New Mexico on
Q: If the state puts a felony conviction charge on my criminal background, that is not mine,can I sue??

I'm asking this because I've been Tryna make a living for myself and my children as I am a single parent and I'm not able to get a decent job because of the felony charge that is not mine... i had even been jailed for the charge and guns pulled on me by police..

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you're facing a challenging situation with a felony conviction on your criminal background that isn't yours. Being wrongly convicted can have significant consequences, impacting your ability to secure employment and potentially leading to distressing encounters with law... View More

1 Answer | Asked in Tax Law for New Mexico on
Q: My uncle plans to gift me a $25,000 check, will this cause me problems with the IRS since I'm self-employed?

Is there a smarter way to handle this? I know the bank will report this deposit to the IRS and I don't want it to intrigue the IRS or trigger and audit, but splitting this up into several checks would be considered "structuring" and that's illegal. What if my uncle sent the... View More

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answered on Feb 22, 2024

Receiving a $25,000 check as a gift from your uncle shouldn't inherently cause problems with the IRS, especially since you're self-employed. The IRS allows individuals to give a gift of up to $16,000 per recipient per year without needing to report the gift. Since the amount exceeds this... View More

1 Answer | Asked in Gov & Administrative Law for New Mexico on
Q: is it true its illegal to misspell someone's name? if so how serious?

misspelling of name on a Board License

Tim Akpinar
Tim Akpinar
answered on Feb 19, 2024

A New Mexico attorney could advise best, but your question remains open for a week. Do you mean an innocent mistake in spelling the name? That wouldn't be considered illegal in most places. But if the misspelling is deliberate and done with the aim of deceiving or misleading, that could be an... View More

2 Answers | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Is it legal for a store to have you removed by the police if you have not committed a crime.. then or ever??
T. Augustus Claus
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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

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2 Answers | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Is it legal for a store to have you removed by the police if you have not committed a crime.. then or ever??
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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

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2 Answers | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Can the police encroach on a property into the court the house and confiscate personal property without court order?
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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

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2 Answers | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Can the police encroach on a property into the court the house and confiscate personal property without court order?
James L. Arrasmith
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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

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1 Answer | Asked in Family Law, Child Custody and Child Support for New Mexico on
Q: What paper do I use to ask for a continuance for court hearing that is happening same day and child is sick
T. Augustus Claus
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answered on Feb 6, 2024

In New Mexico, if you need to request a continuance for a court hearing scheduled for the same day due to your child being sick, you should file a Motion for Continuance with the court as soon as possible. This motion should explain the reason for the request, specifically mentioning your... View More

1 Answer | Asked in Military Law, Small Claims and Civil Litigation for New Mexico on
Q: What should I do if I am given misinformation from the Military Transportation office, I follow instructions and denied

I followed all instructions given to me and my claim is denied. I am told that because I had all of my Household goods transported by a 3rd part entity like I was instructed. My claim is being denied. I was told all items have been inspected and unpacked which is untrue. All items were moved by... View More

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answered on Feb 4, 2024

Navigating a denied claim with the Military Transportation Office, especially after following their instructions, can be incredibly frustrating. In such situations, it’s crucial to seek assistance from professionals experienced in military claims or military law. These attorneys are familiar with... View More

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for New Mexico on
Q: Can i cancel an auto loan contract on a new car purchase They lied about the actual abilities of the vehicle

I was told that this new electric truck would be good just plugging it in at home and I would be fine to use it the truck dies so quick I will be stranded any were I choose to go this truck is supposed to pull my mobile food truck around it can pull it but ill be left were we set up are business... View More

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answered on Jan 31, 2024

If you believe you were misled about the capabilities of your newly purchased electric truck, you may have options to address the situation. In general, auto purchases are subject to state and federal consumer protection laws that may allow you to cancel or seek remedies for misrepresentations.... View More

1 Answer | Asked in Family Law and Juvenile Law for New Mexico on
Q: Is there a specific age that a teenager can be left at home alone? How long?
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answered on Jan 30, 2024

There is no specific law that states a precise age at which a teenager can be legally left at home alone. The decision is generally left to the discretion of the parents or guardians, who are best positioned to assess the maturity and capability of the child.

It's important for...
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1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for New Mexico on
Q: district judge orders you to take a drug test at the request of the other party based on allegations is it illegal?

If a dist judge orders you to take a specific drug test at the request of the other party, based on allegations or hearsay. Would that be an illigall search and seizure?

Todd B. Kotler
Todd B. Kotler
answered on Jan 30, 2024

NO, it is based upon the reasonable belief of the other party. Often a judge orders all parties to be tested. Hearsay is an out of court statement being used by a party for the truth of a matter asserted. A party actually saying "I think this guy is using drugs" is NOT hearsay by... View More

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: Can my landlord charge me for bouncing a check they told me to cancel?

The rent check was not cashed. When I called the lady said they had not received it and to go ahead and cancel the check and pay online. she also said to call back and let them know it was canceled. When I called back I left a voicemail that afternoon, and again in the morning. Two weeks later... View More

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answered on Jan 30, 2024

In your situation in New Mexico, where your landlord instructed you to cancel a rent check and then charged you for it bouncing, there appears to be a misunderstanding or miscommunication. Generally, if a landlord advises a tenant to cancel a check and the tenant follows those instructions, the... View More

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: What crime is being committed if your landlord takes your property without a notice of eviction
James L. Arrasmith
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answered on Jan 28, 2024

If your landlord takes your property without a formal eviction notice, this could potentially be considered an illegal lockout or illegal eviction. In most cases, landlords must follow a specific legal process to evict a tenant, which includes providing proper notice and obtaining a court order.... View More

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