Awarded as personal representative of his estate and filed a tort claim against the county. Is there anything I can do to have her removed as his personal representative? If so how do I go about it
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answered on Dec 5, 2023
In New Mexico, if you believe that your half-sister, as the personal representative of your late brother's estate, has violated certain rights or acted improperly, you do have options to challenge her position.
First, you need to file a petition in the probate court that is handling... View More 
In 2020 my boyfriend was shot the cops took my dvr to get evidence off of it but haven't and I can't use my cameras for my safety without it. I have called left messages and nothing. My house has been broken into and I can't use my cameras. They have not done what they told me they... View More
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answered on Nov 5, 2023
In New Mexico, as in other states, the length of time the police can hold property as evidence can vary. Generally, law enforcement can retain it as long as it is considered relevant to an ongoing investigation or until the related criminal case is resolved. However, if you feel that an... View More
In 2020 my boyfriend was shot the cops took my dvr to get evidence off of it but haven't and I can't use my cameras for my safety without it. I have called left messages and nothing. My house has been broken into and I can't use my cameras. They have not done what they told me they... View More
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answered on Nov 5, 2023
In New Mexico, as in other states, the length of time the police can hold property as evidence can vary. Generally, law enforcement can retain it as long as it is considered relevant to an ongoing investigation or until the related criminal case is resolved. However, if you feel that an... View More
I was charged arrested with possession of a controlled substance. Hired a attorney got my charges dismissed. The overdose statue 30-31-27.1. Can I sue police dept for search warrant charges arrest. Because this should of never happend.
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answered on Oct 15, 2023
If the actions of the police department violated the protections afforded to you under statute 30-31-27.1 or any other law, you may have grounds to bring a civil action against the department. The mentioned statute provides immunity from arrest, charge, and prosecution for individuals seeking... View More
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answered on Oct 15, 2023
Mistakes or errors on a citation, including inaccuracies in the vehicle description, do not necessarily result in automatic dismissal of the citation(s). While such errors may be relevant, they are not always determinative in court proceedings. The outcome of a citation case typically depends on... View More
Who would be responsible for doors and valuables. Our residence was left unsecured and unattended.
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answered on Oct 15, 2023
If the police executed a valid arrest warrant and followed proper procedure, the police department might not be liable for the damage to the doors.
However, if the officers acted negligently or outside the scope of their authority, the department could potentially be held responsible for... View More
The LOPD office is trying to fire me saying convicted but I have only been charged. I am not a probationary employee.
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answered on Sep 15, 2023
The Criminal Offenders Employment Act in New Mexico (often referred to as the Criminal Offenders Act or COA) typically pertains to convictions rather than charges. The COA generally addresses the employment of individuals who have been convicted of certain offenses and may restrict their... View More
Are they reliable to get on stand and testify in a domestic violence case?
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answered on Aug 28, 2023
People with mental illness can provide testimony in a domestic violence case, just like any other witness. However, the reliability of their testimony may be influenced by the nature and severity of their mental illness. Courts generally consider a variety of factors when evaluating the credibility... View More
Shouldn't it be the initial officer that stops the individual who tickets and arrest that person. The initial officer pulled Person over for a head light being out. Other officer shows up and tells the initial officer to leave that he gots this.
answered on Apr 6, 2023
Typically, the stopping officer is the officer that issues a citation. However, there are circumstances where an officer can take over an investigation for reasons unrelated to the incident i.e. going off of shift or needed on another call. You should contact a lawyer to review your citation and... View More
My husband civil rights were violated, we were held in jail for seven days with our any charges or anything against us was released from jail and then a week later charges were filed the charges were finally dropped but I can't find a lawyer that will help
answered on Oct 8, 2023
If you are having a difficult time finding a lawyer willing to accept a civil rights case against law enforcement, you need to consider offering a higher than typical hourly rate backed up by a larger retainer. I recommend offering $750 / hour with a $37,500 initial retainer.
What, if anything, can be done if a victim/witness lied in a court hearing and also during a jury trial? I know this person lied because I know the truth of the matter. I would like to be able to talk to talk to someone or tell someone the truth but I don’t know how to go about it. The prosecutor... View More
answered on Jun 29, 2023
There are two ways in which to address this. The first and best way is in the trial present evidence of the lie. The other method is a complaint to the DA for perjury.
answered on Sep 25, 2022
A New Mexico attorney could advise best, but your question remains open for two weeks. If the virtual environment is in the setting of a video game or something similar that the players are engaged in voluntarily, that would probably not be illegal. If the virtual environment is in the form of... View More
answered on Dec 13, 2021
A New Mexico employment law attorney might be able to advise best here, but your question remains open for four weeks. You could repost and add "Employment Law" as a category. There's no guarantee all posts are picked up. If still no response, you could reach out to NM employment law... View More
I am charged with trafficking it is my first offense
Also will my insurance cover damages?
answered on Sep 25, 2020
A New Mexico attorney could answer best, but your question remains open for three weeks. As a GENERAL premise, such situations could be characterized as negligent entrustment of a motor vehicle - every jurisdiction doesn't use the exact same term. Loosely speaking, the victim would need to... View More
I have 4 different licensed contractors say it doesn't need to be demolished. I had 2 licensed contractor try to pull a permit and was denied. I just want to remodel this home and live in it. I go to court tomorrow, on city wanting to dismiss it. My hearing is set for April 9th, if it's... View More
answered on Apr 12, 2020
If you had your April 9th hearing already, it could be a moot point, but attorneys might be apprehensive about charging for services where they have difficulty in predicting an outcome. You could keep trying. Another issue is that the health crisis has paralyzed court operations and professional... View More
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,... View More
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... View More
I am seeking compensation against the manufacturers of hydrocodone for reimbursement for my family in paying for extended rehabilitation efforts following opiate addiction.
answered on Dec 12, 2019
Yes, there are lawyers taking these cases. You can contact any of us who practice in the area of personal injury, particularly those who advertise experience in class action or pharmaceutical litigation.
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