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New Mexico Civil Rights Questions & Answers
Q: Unlawful arrest false reporting can I sue
James L. Arrasmith
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answered on Aug 31, 2024

If you've been unlawfully arrested and falsely reported, you may have grounds to sue, but it depends on the circumstances of your case. The first step is to determine if your rights were violated during the arrest or if the false reporting led to harm or damage to your reputation. Evidence,... View More

1 Answer | Asked in Civil Rights for New Mexico on
Q: Can I sue a company for breach of contract, bait and switch, violation of consumer act. Many more violations.
James L. Arrasmith
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answered on Jul 28, 2024

You can sue a company for breach of contract, bait and switch, and other violations. The first step is to gather all relevant evidence, such as contracts, emails, and any communication that supports your claim. Documenting the timeline of events and any damages incurred will strengthen your case.... View More

1 Answer | Asked in Civil Litigation and Civil Rights for New Mexico on
Q: Can your vehicle be towed away on private property without the owner of the car or property consent.illegelly blocking

Of a pedestrian where there's no cross Walk involved.wouldnt that be unlawfully taken a motor vehicle by a sergeant of the Hobbs Police department?

James L. Arrasmith
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answered on Jul 28, 2024

Your vehicle can be towed from private property without your consent if it is blocking access or causing an obstruction, even if there's no crosswalk involved. Property owners have the right to manage their premises, and if your vehicle is considered a hindrance, they can request its removal.... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for New Mexico on
Q: Can a magistrate court stop my family court ordered supervised visitation with my kids if I provided necessary documents

Magistrate judge order me house arrest provide documents of ongoing supervised visorion to be allowed to continue...whuch I did was filed and told I could go ..following week the visiting center put my visits on hold because clerk said I did not have permission to have contact with my kids.. which... View More

James L. Arrasmith
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answered on Jul 27, 2024

It sounds like there has been a miscommunication between the magistrate court and the family court. If the magistrate judge gave you permission to continue your supervised visitation, you should provide a copy of that order to the visiting center and the family court to clarify your situation.... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for New Mexico on
Q: Can I ask for victims advocate to help me file a civil or district complaint on a jail and officers that violated my Ada
James L. Arrasmith
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answered on Jul 20, 2024

You can request assistance from a victim advocate to help you file a civil or district complaint against a jail and its officers who violated your ADA rights. Victim advocates are there to support you through legal processes, including the preparation and submission of complaints.

It's...
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1 Answer | Asked in Intellectual Property, Criminal Law, Civil Rights and Small Claims for New Mexico on
Q: Wa u of cop dosent give all of your property back in new mexico after case is dismissed
James L. Arrasmith
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answered on Jun 10, 2024

If the police in New Mexico do not return your property after your case is dismissed, you have several options to pursue. First, request the return of your property in writing, ensuring you keep copies of all correspondence. This creates a record of your efforts to reclaim your belongings.... View More

1 Answer | Asked in Criminal Law, Civil Rights and White Collar Crime for New Mexico on
Q: My conditional discharge is pending his long until it is out of pending status
James L. Arrasmith
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answered on Apr 2, 2024

I apologize, but the phrasing of your question is still a bit unclear, making it difficult for me to provide a precise answer. It seems like there may be some missing words or context.

When a conditional discharge is granted, the court typically sets a probationary period during which the...
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1 Answer | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: How long can the police hold your property if they haven't done anything with it to get evidence off of it?

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

James L. Arrasmith
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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

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for New Mexico on
Q: Medical emergency. Overdose. Cop sees pot growing in closet. Next day cops come with search warrant.

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.

James L. Arrasmith
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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

1 Answer | Asked in Civil Rights for New Mexico on
Q: How you you sue a police officer for violating your rights and why won't a lawyer help

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

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Civil Rights for New Mexico on
Q: Does the Criminal Offenders Act pertain to a person only being charged only or convictions?

The LOPD office is trying to fire me saying convicted but I have only been charged. I am not a probationary employee.

T. Augustus Claus
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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

2 Answers | Asked in Criminal Law, Civil Rights and Health Care Law for New Mexico on
Q: People with me tal illness and testimony

Are they reliable to get on stand and testify in a domestic violence case?

T. Augustus Claus
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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

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for New Mexico on
Q: What can be done about perjury?

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

Joel Gary Selik
Joel Gary Selik
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.

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for New Mexico on
Q: Can a different officer take over the stop of another officer,tell him to leave then arrest the person.

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.

D'nae L. Robinett Mills
D'nae L. Robinett Mills
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

1 Answer | Asked in Personal Injury and Civil Rights for New Mexico on
Q: Is it illegal to trap someone in a virtual environment and not let them out?
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Public Benefits for New Mexico on
Q: is it posible for me to file a civil complaint on nm work force solutions for violating my equil opertunity rights
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Criminal Law and Civil Rights for New Mexico on
Q: My public defender isnt doing anything she hasnt even called me and she lied to the judge

I am charged with trafficking it is my first offense

Stephen Aarons
Stephen Aarons
answered on Nov 24, 2020

You did not ask a question.

1 Answer | Asked in Car Accidents and Civil Rights for New Mexico on
Q: Hi what legal charges can be made if you lend someone your car and then they accidentally wreck into a building?

Also will my insurance cover damages?

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Intellectual Property for New Mexico on
Q: Why can't I find an attorney to take my case. City Council is going to demolish my home for no reason.

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

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Criminal Law and Civil Rights for New Mexico on
Q: Firearm ownership in new Mexico

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

Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo
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...
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