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New Mexico Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for New Mexico on
Q: What is the maximum time a state can carry a detainer on an individual that has been incarcerated in another state?

Detainer is 13 yrs old and IAD violated 4 times.

Gary Kollin
Gary Kollin answered on Oct 9, 2019

Asking the same question more than once?

1 Answer | Asked in Criminal Law for New Mexico on
Q: How long can NM carry a detainer on someone federally incarcerated? It’s been 13 years and they won’t lift detainer.

They have violated IAD 4 times.

Gary Kollin
Gary Kollin answered on Oct 9, 2019

File for a speedy trial pursuant to the IAD

1 Answer | Asked in Estate Planning for New Mexico on
Q: After locating the determined attorney for a living trust, he refused to help. What do i need to do?trust is in limbo.
Nina Whitehurst
Nina Whitehurst answered on Oct 5, 2019

Find a different attorney. Your facts are unclear but that attorney might not be talking to you because he represents the trustee, not you. You need your own attorney.

1 Answer | Asked in Civil Rights and Immigration Law for New Mexico on
Q: if a permanent resident has battery against a house hold member. Do they get deported?

This the first offense . I have done nothing.

Kevin L Dixler
Kevin L Dixler answered on Oct 3, 2019

If you pled guilty or nolo contendre, then you accepted guilt. That means that DHS considers that you did it. You don’t have to

do a day in jail.

The next issue is the sentence and the criminal statute upon which you were convicted. Also, whether there are other issues that have...
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1 Answer | Asked in Real Estate Law for New Mexico on
Q: .The day of closing(unfortunately after signing) I went to the house and the enclosed attached carport had been removed.

This was not discussed and it was removed while under contract

Vincent Gallo
Vincent Gallo answered on Oct 2, 2019

That was a big mistake, the final inspection should be conducted BEFORE you turn over the purchase monies to the Seller.

1 Answer | Asked in Car Accidents and Personal Injury for New Mexico on
Q: What should happen to a driver that hits a pedestrian. Driver admitted to not paying attention due to texting.

My wife and I were both walking into Sam’s and a lady was texting and hit myself and wife. I was tapped by the car but my wife was hit with more force and thrown. My wife was taken to the hospital, the driver gave a statement and was allowed to leave. I haven’t seen the report yet so I don’t... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 21, 2019

I hope the two of you are okay and that your wife is recovering from being thrown by the car. If she is contemplating a claim, your wife should speak with an attorney without delay. Most attorneys who handle these types of cases offer free initial consults. Obtain the police report and find out if... Read more »

1 Answer | Asked in Probate for New Mexico on
Q: My mother passed away 10 years ago she let me out house my sister said I was going to never get it I told her a lawyer.

Now the house and apartment are vacated I'm in there and want to say there what are my laws and what's the right choice

Nina Whitehurst
Nina Whitehurst answered on Sep 16, 2019

It sounds like your mother's estate was never probated and, therefore, title to the house is still in limbo. You should hire a local probate attorney to help you probate your mother's estate.

1 Answer | Asked in Probate for New Mexico on
Q: Can I file a petition for administration from the state I live in

Probate

Nina Whitehurst
Nina Whitehurst answered on Sep 14, 2019

It must be filed in the state in which the decedent was domiciled, regardless of where his heirs are. Additional probate cases, called ancillary probates, must be filed in the states in which the decedent owned property. Proper estate planning can avoid this madness.

1 Answer | Asked in Criminal Law for New Mexico on
Q: Can i ask da what witness/victim said against me? If so do they have to answer truthfully?
Marc Grano
Marc Grano answered on Sep 10, 2019

In both District and Magistrate court, the defendant has a right to complete discovery which includes all statements. In addition, the defendant has a right to complete a witness interview of the state's witnesses prior to trial. Good luck.

1 Answer | Asked in Business Formation for New Mexico on
Q: Can two businesses use similar names?

A company called Aftermath, INC. contacted me saying we cannot use the word "aftermath" for my LLC. My LLC is called "Aftermath Cleanup Unit."They said they trademarked the word Aftermath. Is this possible? If so why did the Secretary of State grant me a business license with my company name?

Michael R. Smith
Michael R. Smith answered on Sep 4, 2019

Your question involves two different issues: trademarks and the names of entities.

First, let's talk about trademark rights. The essence of a trademark is to identify the source of goods or services. Trademark infringement occurs when one mark used in connection with goods or services...
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1 Answer | Asked in Federal Crimes and White Collar Crime for New Mexico on
Q: First time offender,60 years old .how my time will i be in prison on a 20 month sentence for wire fraud
William Jaksa
William Jaksa answered on Sep 2, 2019

Difficult to answer this question given the large array of variables. There will be an assessment of you and your background, the allegations and the amount of the fraud, that will include your record, opinions on your criminality, your rehabilitation prospects, and general likelihood to re-offend.... Read more »

2 Answers | Asked in Civil Litigation and Civil Rights for New Mexico on
Q: Today I was leaving the store a manager and an employee followed me outside and harrased me can I file a lawsuit

It was at Goodwill I was just looking around after picking up brochures from the job room a lady seen that I needed a job and was very kind to me told me to go apply at so and so and I greatly appreciated it as I was walking out the store manager and another employee began to be rude and harassing... Read more »

Gary Kollin
Gary Kollin answered on Aug 25, 2019

If suing, you expose your entire mental health history and medical records.

Truly, what are the monetary value of the damages?

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1 Answer | Asked in Tax Law for New Mexico on
Q: Can I use funds from a Coverdell Education Savings Account to pay for transportation costs for a special needs student?

My son is enrolled in the school district's post high school special needs transition program. This program requires transporting him to different job sites throughout the week. The school district does not provide transportation to the program sites. Transportation is provide by the city... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 24, 2019

Yes, transportation expenses for the beneficiary that are required as part of the educational program are considered qualified expenses. Make sure you retain receipts and the information regarding the necessity of the transportation in case of audit.

2 Answers | Asked in Bankruptcy for New Mexico on
Q: My father is a cosigner on my car. If I file chapter 7 will it effect him? I want to keep the car. Payments are current.
Arun Arjan Melwani
Arun Arjan Melwani answered on Aug 16, 2019

If you plan to keep the car and continue making payments, then your father will not be affected by you filing bankruptcy. However, if you fail to make the payments and they eventually repossess the vehicle then that will negatively impact him since he is equally liable for the debt you have... Read more »

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1 Answer | Asked in Criminal Law for New Mexico on
Q: Is getting pulled over by an officer for the 1rst time without cause other then knowing my liecense were suspended

The officer also said he and every other police are to pull me over when i move my car and laughed when saying he personally will have it impounded

Gary Kollin
Gary Kollin answered on Aug 14, 2019

You are driving on a suspended license. That is cause

1 Answer | Asked in Consumer Law for New Mexico on
Q: Possible consumer law issues

I purchased a car from a location with dealer tags and was promised the car was rebuilt and no engine light on but to also be able to be legally registered and emissioned. The day after I bought it the check engine light came on and it was for o2 sensors, causing me not to be able to to emissions... Read more »

David Humphreys
David Humphreys answered on Aug 13, 2019

I would hire a New Mexico lawyer. Check out consumer advocates.org to find a lawyer.

2 Answers | Asked in Business Formation and Tax Law for New Mexico on
Q: my ex wife and I owned a local corporation and we have divorced. My ex told me that the company was dissolved. how???

I have the articles of the corporation showing me as an officer and that the corporation has not been dissolved. Would a case like mine fall under tax law??

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 30, 2019

It wouldn't be tax to determine if it was dissolved or not. You'd need a business attorney. You can also check the Secretary of State's website to see the current status.

If it was dissolved you may have a taxable event on liquidation.

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1 Answer | Asked in Criminal Law for New Mexico on
Q: Can I get breaking and entering charge

There was no posted no trespassing signs there was a house no door full of trash I didn't go in just walked around the property looking at everything there was a gate but it wasn't locked the gate was wide open

William Jaksa
William Jaksa answered on Jul 29, 2019

Technically speaking it doesn't matter if a door is locked or even if it's wide open to be charged with B&E. The act of opening an unlocked door can be enough to be considered breaking & entering. It depends on your intentions. If your intentions were just exploring the property, and there was no... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for New Mexico on
Q: can a charge hold up in court if the findings were obtained thru a search of house while only minor son present no war

cops came to my house (initialy to talk about daughter being pulled over at 4 am with adult male) knocked on door didnt announce they were police, after ? me and my bf about said incident they were going to leave but they said they smelled a foul oder which they believed to be weed. i called my... Read more »

William Jaksa
William Jaksa answered on Jul 11, 2019

The very short answer is yes.

There are certainly triable issues and grounds to argue that the search warrant should never have been issued. Were the police acting within their duties when they originally attended? Where they lawfully within the dwelling when they observations (smelled the...
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