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New Mexico Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for New Mexico on
Q: My father is being financially exploited and is experiencing undue influence from my I brother and son how can I stop it

My 83 yr old father has my 55 yr old brother who has lived in my fathers home for 14 yrs without having any job and my 40 yr old son has lived there consistently for aprox 21 yrs never paying for anything either. My father has been diagnosed with dementia but has a fluctuating cognitive impairment.... View More

Nina Whitehurst
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answered on Dec 19, 2024

You can file your own report with adult protective services. But chances are that will not bring any relief. The only real solution is to hire an attorney to petition the court to appoint you as guardian and conservator for your father. If you have limited means you might try your local legal aid... View More

1 Answer | Asked in Traffic Tickets for New Mexico on
Q: Is it possible to remove an old driving ticket from your record?

It’s for a company that says I’m not able to drive with three. It’s really impacting me badly. I can pay I just need it to be removed.

Lee Green
Lee Green
answered on Oct 17, 2024

It is possible to get some types of tickets removed from your record. The legal process in New Mexico is called a petition for expungement. The statute is Section 29-3A-4 and 29-3A-5. Check out NMOneSource (nmonesource.com). It's a really great free resource with all of New Mexico's laws... View More

2 Answers | Asked in Criminal Law and International Law for New Mexico on
Q: 10yr charged w/unlawfully,now was charged with receiving and transferring a stolen motor. What's my aftermath

I'm a African American woman

Tim Akpinar
Tim Akpinar
answered on Oct 18, 2024

I do not practice criminal law, but your post came up under "International Law." Don't mess around with this on public forums inquiring about aftermaths. Seek the guidance of a criminal defense attorney without delay. You posted in the beginning of the week and we're now at a... View More

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1 Answer | Asked in Banking, Business Law, Construction Law and Contracts for New Mexico on
Q: Are the model numbers on electrical and building permits in New Mexico required to match the contract and loan papers?

My father had solar panels installed on his home in NM and when gathering the info for the tax credits I noticed differences in the information listed on the electrical and general building permits, installer contracts and loan financing documents regarding the solar panel model numbers, the actual... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2024

A New Mexico attorney could advise best, but your question remains open for two weeks. Until you're able to speak with a local attorney or an official from the buildings department, one issue that could possibly arise from the standpoint of insurance is whether there are inconsistencies in... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: My daughter was arrested 31 days ago for a probation violation. How much longer will she be in jail?

What is the difference between a major violation and a technical violation. Is leaving the county a major or technical violation?

Nate Crowley
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answered on Aug 30, 2024

Technical violations are smaller things, like missing a meeting with the PO.

Leaving the county then coming back same day without permission is a technical violation in my opinion. Leaving the county then going to another country and not coming back for years would not be a technical...
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1 Answer | Asked in Medical Malpractice for New Mexico on
Q: I had surgery and 2 days later I when to the emergency hospital waited for 4 to 5 hours to see a doctor. Why?

I was unable to urinate and the severe pain continued. It felt like the severe pain lasted for an eternity. The following day at 1:30am I urinated a large thick clot along with blood. I have some relief of pain. I when to the emergency hospital 2 day later because I was having some pain. The... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 27, 2024

It might 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. Consult with experienced malpractice attorneys in the state where this occurred.

Due to the...
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1 Answer | Asked in Constitutional Law and Criminal Law for New Mexico on
Q: pulled over for speeding, police impounded car to get search warrant after i refused search

officer claimed he smelt fentynal so he asked to search the car i said no, he claimed i said yes but i kept saying no. threatened me by stating he would call my husband probation officer if i refused to let him search car. car isnt mine. my husband and i just cashed our check that we needed to... View More

James L. Arrasmith
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answered on Jul 21, 2024

You have a few important steps to take right away. First, make sure to document everything that happened, including the officer’s threats, your refusal to consent to the search, and the fact that you didn't receive any paperwork. This documentation will be crucial for your defense and any... View More

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
Ryan Sise
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

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