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New Mexico Questions & Answers
1 Answer | Asked in Personal Injury and Car Accidents for New Mexico on
Q: What will happen if I refuse to participate in auto accident case I'm being sued for?

I'm at fault. Plaitiff wants in excess of my limits of liability, my insurance company wants to go to court and hasn't offered to pay my maximum limit. New Mexico.

Tim Akpinar
Tim Akpinar
answered on Jul 8, 2024

You could risk coverage, which could possibly result in your insurance company being off the hook in a worst-case scenario. A New Mexico attorney should advise you, but as a general matter nationwide, insurance policies virtually always require the policyholder to cooperate with the carrier in... View More

1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: If I was put on probation and felony probation and I didn't check in and out ran it till it was at the end of my

Probation would I have to do the whole probation time or would it have to to be dropped

James L. Arrasmith
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answered on Jun 22, 2024

If you have concerns about your probation status, I would strongly advise speaking with your probation officer, a lawyer, or the court to understand your specific situation and options. Failing to comply with probation terms can have serious legal consequences. A qualified legal professional can... View More

1 Answer | Asked in Criminal Law and Constitutional Law for New Mexico on
Q: Can a judge stop you from representing yourself?

If your public defender knows the other personally are they still able to defend you or can i request for some one else?

James L. Arrasmith
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answered on Jun 17, 2024

A judge can stop you from representing yourself if they determine that you are not competent to do so. This decision is based on whether you understand the charges against you and can adequately defend yourself. The judge's primary concern is to ensure that you receive a fair trial.

If...
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1 Answer | Asked in Consumer Law for New Mexico on
Q: Hello, I live in New Mexico and I am currently shopping for a vehicle. Can I take advantage of dealers advertised typo?

They are advertising a new vehicle on their website for $680. No where does it say, down payment, monthly payment, lease, or additional fees may apply. It says total cost $680. When I inquired about it, they said it was a typo

James L. Arrasmith
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answered on Jun 15, 2024

If a dealer is advertising a new vehicle for $680 and claims it was a typo when you inquire, it is unlikely that you can legally force them to honor that price. Advertisements with clear typographical errors are generally not legally binding, as the price discrepancy is usually obvious and... View More

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for New Mexico on
Q: I recently went to see my boyfriend in prison, a they searched my car. & took pictures of my cashapp can they do that?

I got intergated after my visit, they threatened me a searched my car & took pictures of my bank accounts. The Correction officer said I was supposed to hand an inmate something because of my recent phone call of visiting the inmates family, before the visit this is my first time visiting my... View More

James L. Arrasmith
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answered on Jun 7, 2024

I'm sorry to hear about your experience. In general, correctional facilities have strict security protocols, and searches of vehicles and personal belongings can be part of these procedures, especially if they suspect contraband. However, taking pictures of your bank accounts and other... View More

1 Answer | Asked in Car Accidents for New Mexico on
Q: someone ram into my truck fled the scene while I was parked, left their vehicle and inside was a interlock device, will

Will I get paid for my damaged truck?

Tim Akpinar
Tim Akpinar
answered on Jun 2, 2024

A New Mexico attorney could advise best, but your question remains open for a week. The answer to your question depends on whether the other vehicle was insured and the insurance carrier accepts blame. If that's the case, you could probably handle the matter yourself in dealing with the... View More

1 Answer | Asked in Estate Planning for New Mexico on
Q: How can a parent legally set up a trust for their adult child's inheritance from his grandmother and then control it?

I'm the 47 year old child in question, and my mother did this without my knowledge or consent before I even knew my grandmother had left anything to any of her grandchildren. And my grandmother that passed was my father's mother, not hers. My parents were divorced when I was a young... View More

James L. Arrasmith
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answered on Jun 2, 2024

For a parent to legally set up a trust for their adult child's inheritance without their knowledge or consent, certain conditions must be met. Generally, the person setting up the trust must have legal authority or be named as a trustee by the deceased in the will or estate plan. If your... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New Mexico on
Q: on 2 police reports and crminal complaints my boyfriend is in jail for the last name on them is not the last name.
James L. Arrasmith
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answered on Jun 2, 2024

It sounds like there's an issue with the accuracy of the police reports and criminal complaints regarding your boyfriend. If the last name on these documents is incorrect, this could potentially impact his case and his defense. It's important to address this error promptly to ensure that... View More

2 Answers | Asked in Immigration Law for New Mexico on
Q: Marriage licencing process and my fiancée is not in usa, how do I go about it
James L. Arrasmith
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answered on May 31, 2024

To get married in the USA while your fiancée is not currently in the country, you'll need to follow a specific process. First, check the requirements of the state where you plan to get married, as marriage laws vary by state. You'll typically need to apply for a marriage license... View More

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2 Answers | Asked in Immigration Law for New Mexico on
Q: Marriage licencing process and my fiancée is not in usa, how do I go about it
Stephen Arnold Black
Stephen Arnold Black
answered on Jun 5, 2024

A US citizen can sponsor his fiancé for a K1 visa. The processing time is roughly 18 months from the time the case is filed until the immigrant enters the United States on a fiancée visa. Thereafter, the couple has 90 days to get married, and then the immigrant spouse can file for her green card.

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for New Mexico on
Q: Can you get both a bench and jury trial in a case or is it one or the other?
James L. Arrasmith
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answered on May 24, 2024

In most legal systems, you generally have to choose between a bench trial or a jury trial for a given case. A bench trial is where the judge alone hears the case and makes the decision, while a jury trial involves a group of peers who listen to the evidence and determine the verdict.

There...
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1 Answer | Asked in Criminal Law, Elder Law and Probate for New Mexico on
Q: In clovis New Mexico seems the executer stealing trust & OD my father &nobody else can get medical record or bank info

Laws in NM make it easy for executer to get away with murder and embezzlement nobody else can get the records or file wrongful death. My father was not her 1st victim commishioner James Ridling was my fathers friend and business partner. Does anyone know what happened to him.

Ryan Sise
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answered on May 7, 2024

Good afternoon, I am sorry to hear about your father's passing. It seems as if the executor may not be following their assigned duties as the trust's executor. All is not lost, there are ways to encourage an executor of a trust to follow their required responsibilities, and/or you can ask... View More

1 Answer | Asked in Employment Law and Employment Discrimination for New Mexico on
Q: I was laid off of work while on FMLA. What can I do?

I was working for Meowwolf and I became unable to do my job without ada compliance. I had surgery and took FMLA and then was laid off.

Deena L. Buchanan
Deena L. Buchanan
answered on May 2, 2024

This situation may trigger retaliation claims under the FMLA, the ADA, and the NM Human Rights Act. You should contact an experienced New Mexico employment lawyer to discuss the details. Most of us offer consultations or case reviews for free. There are fairly short time limits for pursuing these... View More

3 Answers | Asked in Medical Malpractice and Personal Injury for New Mexico on
Q: Have meniscus root tear, because delay of ordering mri my knee is close to needing replacement.

I have numerous acts of negligence perpetuated by Dr's. My knee is just my final straw, it's time for someone to be held accountable. My left meniscus tore in June or July 2023. I was treated terribly at unm er. Soon after I knew my right knee was injured and definitely worse. My primary... View More

Joel Gary Selik
Joel Gary Selik
answered on May 1, 2024

If The medical “standard of care” required an MRI then that could be Malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

It also has to be determined that...
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3 Answers | Asked in Medical Malpractice and Personal Injury for New Mexico on
Q: Have meniscus root tear, because delay of ordering mri my knee is close to needing replacement.

I have numerous acts of negligence perpetuated by Dr's. My knee is just my final straw, it's time for someone to be held accountable. My left meniscus tore in June or July 2023. I was treated terribly at unm er. Soon after I knew my right knee was injured and definitely worse. My primary... View More

Gail N. Friend
Gail N. Friend
answered on May 2, 2024

This answer is based on information provided by you, which alone is insufficient to determine that your circumstances have met the requirements of a medical malpractice case. That is because a medical malpractice case requires legal elements which must be proven by medical expert opinion(s),... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New Mexico on
Q: Have meniscus root tear, because delay of ordering mri my knee is close to needing replacement.

I have numerous acts of negligence perpetuated by Dr's. My knee is just my final straw, it's time for someone to be held accountable. My left meniscus tore in June or July 2023. I was treated terribly at unm er. Soon after I knew my right knee was injured and definitely worse. My primary... View More

Tim Akpinar
Tim Akpinar
answered on May 9, 2024

You should try to set up a free initial consult with a New Mexico attorney. Without a medical opinion, attorneys can't really make the call that the delay in the MRI resulted in your need for a knee replacement. If a law firm expressed interest in your matter, they would retrieve your records... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Can I use martial arts on the street to defend myself if attacked in new Mexico?
James L. Arrasmith
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answered on Apr 17, 2024

In New Mexico, you have the right to defend yourself if you are attacked, but there are important legal considerations to keep in mind:

Self-defense laws: New Mexico follows the "stand your ground" principle, which means you do not have a duty to retreat before using force to...
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1 Answer | Asked in Tax Law and Collections for New Mexico on
Q: Can state of NM come after tax debt 10 years later?

My husband use to live in NM and now lives in texas. Last month we received a letter from the state saying they were putting a lien on our house for a $13000 unpaid tax debt from 2013. My husband said he didn't even file taxes that year but the state claims he did and also claims he made a... View More

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like you are in a challenging situation with the New Mexico tax authorities. Here are a few key points and suggestions:

1. Statute of limitations: Generally, states have a limited time period to assess and collect taxes, known as the statute of limitations. For New Mexico, the...
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1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: Can my landlord keep my security deposit for “excessive” normal wear and tear?

My landlord kept $1400 for “repairs”. They sent me a list that was not itemized which included charges for “excessive scuffs on one wall in bedroom”, “command strip removal”, “4 burnt light bulbs”. There were no legitimate damages. They added over $500 for “house cleaning” with... View More

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like you're facing a frustrating situation with your landlord retaining part of your security deposit for what they've termed "excessive" wear and tear. Generally, landlords can deduct from a security deposit for damage beyond normal wear and tear, but what you've... View More

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: I have a summons of court today and it is summons notice of trial on petition for right of restitution or forcible entry

Do I have right to public defender or what are my rights I'm asking for an extended 30 days to comply?

James L. Arrasmith
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answered on Apr 1, 2024

In a civil case like a petition for right of restitution or forcible entry, you generally do not have the right to a public defender. Public defenders are typically provided in criminal cases when a defendant cannot afford an attorney.

However, you still have rights and options:

1....
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