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I want to know about the legal consequences of lying about one's marital status to gain consent for sexual intercourse. How does the law interpret such fraudulent misrepresentation in these scenarios, and what specific consequences might there be in my location?
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answered on Apr 1, 2025
Under California law, lying about marital status to obtain sexual consent operates in a legal gray area that courts have addressed inconsistently. While California Penal Code generally does not explicitly criminalize obtaining consent through misrepresentation of marital status as sexual assault,... View More 
In the State of New Mexico, as a registered sex offender who is not on probation or parole and updates registration details every 90 days, am I legally required to report a vacation trip out of state that lasts 4 days and 3 nights? I reported a similar trip to Colorado in June 2024. Could this... View More
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answered on Apr 1, 2025
Under New Mexico law, if you were convicted after July 1, 2013, you are required to report changes to your living arrangements or temporary location within five business days of the change. If your conviction predates July 1, 2013, the reporting requirement would be within ten days. This applies to... View More
My 44-year-old son, who has a TBI and is experiencing seizures, was coerced into making my sister his payee. My mother and sister have financially exploited him, falsely reported to SSA that I am dead, and manipulated him against me, restricting his contact with me. Despite reporting these issues... View More
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answered on Mar 28, 2025
You're facing a challenging situation with your son's care and finances. To address this, start by contacting New Mexico Adult Protective Services at 1-866-654-3219 to report the suspected financial exploitation, as they're equipped to investigate abuse cases involving vulnerable... View More
In New Mexico, I had a report filed against me with Adult Protective Services (APS), which was substantiated. When I requested the investigation report over the phone, APS denied my request, stating they do not provide them. I am unaware of any specific laws in New Mexico regarding access to these... View More
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answered on Mar 27, 2025
To obtain your APS investigation report in New Mexico, you can submit a formal written request under the Inspection of Public Records Act (IPRA) to the Aging and Long-Term Services Department. Your request should include your name, contact information, and a detailed description of the records... View More
I have been experiencing anxiety and stress for years due to missing out on participating in chess activities in New Mexico. A nationwide organization stated that one of their goals is to promote chess throughout America, with affiliate state organizations tasked to carry out this goal. However,... View More
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answered on Mar 26, 2025
You're facing a challenging situation with these chess organizations, and your frustration is understandable after years of trying to engage with them without success.
While organizations may state goals like promoting chess nationwide, these statements typically represent... View More
I received a text message from someone who said they were going to "pull up and shoot me," which I consider a threat. We have had problems before, but I thought our issues were resolved until now. This is the second time she has threatened me, and I have witnesses to the threats.
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answered on Mar 24, 2025
This is an extremely serious situation that requires immediate attention. Threats of violence, especially those specifically mentioning shooting, should never be taken lightly. You should contact local law enforcement right away to report these threats and provide them with copies of the text... View More
My daughter has been serving a 9-year sentence, with an additional 9 years suspended, despite her medical conditions. In 2022, she felt pressured to sign a plea deal by a new public defender, who threatened a 40-year sentence if she went to trial. Due to government shutdowns and her health issues,... View More
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answered on Mar 24, 2025
I understand the difficulty you're facing with your daughter's situation. While appeals after plea deals can be challenging, there may still be options worth exploring based on the circumstances you've described.
Post-conviction relief might be possible through a habeas... View More
During a police search warrant intended for a specific person's phones, my deceased sister's phone was seized at home even though her name wasn't mentioned in the warrant. I believe this is an invasion of her privacy. What actions can be taken to address this issue, retrieve the... View More
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answered on Mar 24, 2025
When police execute a search warrant, they must generally stay within the scope of what's specifically described in the warrant. Your sister's phone likely shouldn't have been seized if her name wasn't mentioned and the warrant only covered the other person's devices. This... View More
My husband, who has been in jail for four years, took a plea agreement after being charged with aggravated battery with a deadly weapon on a police officer, aggravated DWI, and aggravated fleeing. He maintains he was a passenger, not the driver. The public defender pressured him to accept a plea by... View More
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answered on Mar 24, 2025
Your situation sounds incredibly frustrating and concerning. When someone accepts a plea without seeing evidence or discovery materials, and under pressure about facing a life sentence, this raises serious questions about effective representation. The fact that your husband maintained he... View More
I was pulled over in my own driveway due to expired registration and then arrested because of a warrant for failure to appear on a traffic violation. Despite my objection, a K9 unit performed a free air sniff on my vehicle. Although the K9 alerted, the officer did not conduct the search until after... View More
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answered on Mar 24, 2025
The legality of towing your vehicle from your own driveway involves several factors worth examining. While officers can typically impound vehicles following arrests when there's no one else to drive them, the fact this occurred on your private property raises important questions about whether... View More
In New Mexico, what criteria must an officer meet to lawfully request an individual's identification? I was walking to my home around 6:30 p.m., and an officer asked for my ID without giving me any reason, indication of a law being violated, or mentioning any suspicious activity. There were no... View More
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answered on Mar 23, 2025
In New Mexico, police officers generally need reasonable suspicion that you have committed, are committing, or are about to commit a crime before they can lawfully detain you and demand identification. This standard comes from both federal case law (Terry v. Ohio) and New Mexico state court... View More
My mother, who has dementia, is currently under the care of a nursing home, and her power of attorney has been negligent, preventing her son, who is her favorite, from having any contact with her. The nursing home has made false claims that the son is discourteous and disruptive, but we have a... View More
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answered on Mar 16, 2025
If your mother lacks the capacity to terminate the POA herself, your only option is to go to court to get a guardian appointed for your mother.
Was covered under Statue 30-31-27.1. my public Attorney said could only use in Federal Court. I was having overdose. Was charged cause police saw Marijuana growing. Had a search on home arrested and took plea advise of public defender
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answered on Jan 27, 2025
It sounds like you've been through a challenging legal situation, and it’s good that you’re seeking clarity on what happened and what it means moving forward. In New Mexico, under statute 30-31-27.1, certain drug-related offenses can be expunged if specific criteria are met, which may... View More
The witness in the past hen she committed a crime was found not competent and charges were dismissed
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answered on Jan 21, 2025
Mental health conditions like schizophrenia don't automatically disqualify someone from being a witness in court. The key factor courts consider is whether the person can understand and tell the truth about what they witnessed at the time of the incident, regardless of their diagnosis.... View More
But the UA Specimen was never sent to lab for anyalis. Can I still be violated if it was never proven to be dirty for drugs.
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answered on Jan 21, 2025
I understand you're in a difficult situation regarding your probation status. Your honesty about drug use during probation is significant, even without laboratory confirmation of the UA specimen.
From a legal standpoint, verbal admission of drug use to your probation officer can be... View More
I was covered under NM Statue 30-31-27.1 because of having a heart attack due to a drug overdose and was in the need of medical Attention. Where Marijuana was seen while awaiting EMT.
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answered on Jan 21, 2025
Your situation touches on an important aspect of New Mexico's Good Samaritan law, which provides protection for people seeking medical help during overdose emergencies. The fact that marijuana was discovered while you were receiving emergency medical care should have been protected under this... View More
Thee charge I was doing probation for was expunged. It was because I was covered under NM Statue30-31-27.1 cause of a drug overdose when a cop saw marijuana growing. I was charged jailed a search warrant was issued on my residence. What can I do about this?
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answered on Jan 18, 2025
It sounds like your situation is complicated, but there are steps you can take to address it. If the charge was expunged under New Mexico's overdose immunity law, you may have protections related to how the original incident was handled. First, review all the documentation regarding your case,... View More
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answered on Jan 9, 2025
First, document everything about the incident immediately - take photos of any injuries, write down exactly what happened, and gather contact information from any witnesses. Keep all medical records and bills related to the incident, as these will be crucial evidence.
You'll want to... View More
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answered on Jan 9, 2025
The first step in honoring your grandmother's will is to locate the original document and file it with the probate court in the county where she lived - this begins the legal process. The court will then verify the will's validity and appoint an executor if one wasn't named in the... View More
My grandma's passed away and I am the sole err to it.but I was just a young boy when she died and just found out about it now..help???
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answered on Jan 9, 2025
I'm very sorry to hear about your grandmother's passing. Dealing with inheritance matters years after someone's death can be complex and emotionally challenging.
First, you'll need to locate the official copy of your grandmother's will and determine if it was ever... View More
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