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New Mexico Questions & Answers
1 Answer | Asked in Family Law for New Mexico on
Q: Child support was modified and agreed upon in court a week ago after 9 years. He is now filing for primary custody.

Should I hire an attorney or respond pro se?

Gary William Boyle
Gary William Boyle answered on Apr 7, 2020

You should probably retain qualified counsel experienced in custody disputes. Any decision the Court makes regarding time sharing at this point may be binding unless there is a material change in circumstances in the future. You will have a much better chance of protecting your child's interests... Read more »

1 Answer | Asked in Personal Injury for New Mexico on
Q: can i fix neighbors property and not have the property owner not responsible for any injuries to myself
Tim Akpinar
Tim Akpinar answered on Apr 5, 2020

A New Mexico attorney could best address your question, but your post remains open for two weeks. As a general matter, it's really in your hands. If you do attempt to help neighbor, that's nice of you and I hope nothing happens to you in the course of the work. But if you did injure yourself, the... Read more »

2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for New Mexico on
Q: Hit by drunk driver, both vehicles totaled. Other driver charged with DUI and off to jail. Injuries, maybe long term.

We have her insurance info and filed a claim. Our insurance paid our vehicle off and offered us an extra almost $4500 (This does not replace the vehicle). We are still waiting, 6 days now for police report. We have lost work time, scared kids, no vehicle, and anguish to know end. We want to go... Read more »

Mark Caruso
Mark Caruso answered on Mar 29, 2020

I am so sorry to hear of your recent crash which was caused by a drunk driver. DWI's continue to be a real problem in our state. You can bring a personal injury claim against the driver and insurance company for all injuries suffered by you and your family. Each of you have an individual claim.... Read more »

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1 Answer | Asked in Criminal Law for New Mexico on
Q: What is the maximum penalty in NM for attempting to elude and failure to comply to probation orders?
Marc Grano
Marc Grano answered on Mar 20, 2020

You will need to sit down and talk with an attorney to review, assess and advise on any specific case. He/she would need to review the specifics of the plea agreement that placed the person on probation as well as the specifics of any new allegations. The attorney would also need to know the... Read more »

1 Answer | Asked in Car Accidents for New Mexico on
Q: Someone barrows your car they wreck into a building are you responsible for paying damages
Tim Akpinar
Tim Akpinar answered on Mar 19, 2020

It would be best if a New Mexico attorney advised here, but you await an answer for two weeks, and there are certain things you need to do without delay. In most jurisdictions, the owner, as well as the operator, can be sued. Hopefully, your insurance will cover the loss. From the serious damage... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: Is there a statue of limitations on probation violations in New Mexico.

If someone violates their probation, and it's not caught until after the probation period is over can they court issue a warrant or is there a statue of limitation on that?

Marc Grano
Marc Grano answered on Mar 4, 2020

I would recommend that you talk directly to an attorney who can review and assess the specifics of the case. I will offer a very generic answer given the following assumed facts:

1. In New Mexico State court

2. The probationer is an adult

3. The probationary period...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New Mexico on
Q: Can i get a lawyer for a motel who doesnt give me any compensatiom for hours worked 70 hrs in a week all i get is a room
Deena L. Buchanan
Deena L. Buchanan answered on Mar 1, 2020

Your employer must pay you at least minimum wage for all hours worked and overtime if you work more than 40 hours in a workweek and are non-exempt. It sounds like you may have a claim.

1 Answer | Asked in Estate Planning for New Mexico on
Q: A family member died with no will. His mom died 2 weeks before he died and he was on her will as the 1st beneficiary.

Would her estate go to his estate and through probate? She also had a life insurance that listed him as the only beneficiary

Nina Whitehurst
Nina Whitehurst answered on Feb 28, 2020

It really depends on how his mother's will was worded. It is not possible to answer that question without reviewing the mother's will.

With respect to the life insurance, yes, most likely those life insurance proceeds will go to the named beneficiary's estate, given that there was no...
Read more »

1 Answer | Asked in Family Law, Tax Law, Child Custody and Identity Theft for New Mexico on
Q: my daughter dad took her and I haven't seen or spoken to her in 1 yr 7 months. He is not on the birth certificate
D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 4, 2020

I'm sorry to hear about that. You've got a pretty complicated issue you may be better off going directly to an attorney and having a private consult with them. I'm not sure you're going to get useful answers to your situation in a forum such as this.

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 issue, but... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: I have a standing criminal pretrial order that was filed march 3 2017. And idk what it is or why

I didnt get into any trouble in 2017

I have a feeling that I'm getting railroaded

Marc Grano
Marc Grano answered on Jan 25, 2020

I do not believe there is a way to answer your question without actually reviewed your specific order. In general, a pretrial order establishes deadlines for discovery, motions, interviews (if in state court), plea deadlines and other deadlines in preparation for moving the case towards trial.... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: Is there a minimum mandatory sentence for aggravated fleeing in New Mexico
Marc Grano
Marc Grano answered on Jan 22, 2020

There is not a mandatory minimum sentence for Aggravated Fleeing in N.M. state court. It is a fourth degree felony punishable by a maximum of 18 months in custody and/or $5,000 fine.

1 Answer | Asked in Criminal Law and Civil Rights for New Mexico on
Q: Firearm ownership in new Mexico

I legally bought a rifle and shotgun in 1978; in 2009 I was convicted of nonviolent felony, sentenced to 8 months, completed sentence in May 2010;

May I legally have the firearms, in my home, in new Mexico? If not, is there a way to legally do so?

Keep in mind- rifles, not handguns,... Read more »

Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo answered on Jan 22, 2020

No, you aren't legally allowed to own a firearm. See N.M. Stat. Ann. § 30-7-16.

This same statute defines a "felon" using the following language:

“[F]elon” means a person convicted of a felony offense by a court of the United States or of any state or political subdivision...
Read more »

1 Answer | Asked in Contracts, Personal Injury, Products Liability and Civil Litigation for New Mexico on
Q: Can I impleader a Defendant as a co party

Civil suit case

Tim Akpinar
Tim Akpinar answered on Jan 21, 2020

It's possible you could. You would be best off discussing this with an attorney in New Mexico, but your post remains open for a week. As a general matter, this arises in contribution or indemnity settings, and the party you implead becomes a third-party defendant. This is covered in Rule 14 of the... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for New Mexico on
Q: The other person insurance company said if I dont use the 10,000 for medical I'll lose it any way to keep what's left
Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2020

Ask your attorney. Don't have one? Look for a member of the NMex Assn for Justice in the county where it happened.

1 Answer | Asked in Gov & Administrative Law and Personal Injury for New Mexico on
Q: I need help filing a State Tort Claims Act

orking at the New Mexico State Veterans Home in Truth or Consequences and was attacked by a resident. I suffered a concussion and later found out I have psuedo seizures with PTSD. The incident occurred on August 23, 2018. I live in Meridian, MS and a attorney here has advised me to get an attorney... Read more »

Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo answered on Jan 7, 2020

I’m terribly sorry to hear of your injury.

If you are interested in suing under the NM Tort Claims Act, you need to “get moving” on this claim immediately. Unfortunately, the mandatory time period within which you must file a claim may have already passed; under N.M.S.A. 41-4-16 you...
Read more »

1 Answer | Asked in DUI / DWI for New Mexico on
Q: I was arrested on October 5 2019for aggravated DWI, I stayed 24 hours in jail for it, it was my first

My court is coming up February 2020, if convicted and have 48 hours mandatory jail time do I get credit for time served, or is there a way to not get jail time just probation,I have no criminal record and have started alcohol counseling

Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo answered on Jan 7, 2020

It will depend entirely on the nature of your detention and the facts of your case. Were the 24 hours that you "stayed" in jail in anticipation of your arraignment? In which court is your case set? (i.e. "Metro Court" in Albuquerque?). Have you contacted an attorney? These answer to these... Read more »

1 Answer | Asked in Banking, Bankruptcy, Business Law and Federal Crimes for New Mexico on
Q: In the state of New Mexico is a property management company allowed to withdraw funds from your bank account Prior to s
Timothy Denison
Timothy Denison answered on Jan 5, 2020

Depends on what authorizations, if anyone, you have given them. In some instances, they may set off what you owe them, although much more info is needed to properly answer your question.

1 Answer | Asked in Tax Law for New Mexico on
Q: If I was receiving Medicaid, and earned income far below Federal Poverty figure, how can I owe NM Gross Receipts tax?
Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo answered on Dec 28, 2019

NM Gross Receipts Tax is a unique tax in that anyone who sells a good or service in New Mexico owes it. It’s similar to a “sales tax” but is only levied on the seller and not the buyer. While there are a few exceptions, unless you qualify for one of them and timely file an NTTC, you are... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for New Mexico on
Q: How do I go about filing for the homestead exemption in my state of New Mexico when County Assessor never heard of it?

This is for assessing property taxes.

Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo answered on Dec 28, 2019

I’m not entirely sure what you’re asking. The “homestead exemption” in New Mexico offers protection when debts are being collected from an individual...creditors are unable to force someone from their home to pay a debt (up to $60,000 is protected from creditors in these situations, see... Read more »

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