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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 
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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
If your public defender knows the other personally are they still able to defend you or can i request for some one else?
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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... View More
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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
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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... View More
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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... View More
This video is of my son who was 15 at the time of the reording and myself. I never gave anybody permission to post this video on YouTube. The YouTube user is profiting from his videos on his YouTube channel. Is this legal??
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answered on Feb 23, 2024
It is likely illegal for someone to post a police interrogation recording of a minor on YouTube without proper authorization. In most jurisdictions, recording and disseminating such material without consent from both the minor and their legal guardian would violate privacy laws and potentially... View More
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answered on Feb 8, 2024
In New Mexico, as in other states, store owners or managers have the right to refuse service to anyone or ask someone to leave their property for almost any reason that is not discriminatory under federal or state law (e.g., based on race, religion, gender, etc.). If a person refuses to leave after... View More
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answered on Feb 24, 2024
Generally, a store has the legal right to ask you to leave their premises if they believe you are engaging in behavior that disrupts their business or violates their policies. However, simply being asked to leave does not necessarily mean you have committed a crime. Stores have the authority to... View More
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answered on Feb 7, 2024
In New Mexico, as in the rest of the United States, the police generally cannot encroach upon private property and confiscate personal property without a court order, such as a search warrant, unless specific exceptions apply. These exceptions might include exigent circumstances where the police... View More
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answered on Feb 24, 2024
In most cases, the police cannot encroach on private property and confiscate personal belongings without a valid court order or warrant. The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures, requiring law enforcement to obtain a warrant from a... View More
the vehicle is not registered to person with the warrant
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answered on Jan 18, 2024
In New Mexico, as in other states, police generally need a valid reason to stop a vehicle. This can be a traffic violation or reasonable suspicion that a crime is being, has been, or is about to be committed. If the police are looking for someone with a warrant, they typically need some basis to... View More
And permanent injury did occur
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answered on Jan 18, 2024
If you believe that you were given medication without your consent during an involuntary mental evaluation in an ER in New Mexico, and this led to permanent injury, you may have grounds for legal action. In healthcare, patient consent is a fundamental principle, especially when it comes to... View More
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answered on Jan 11, 2024
Understanding the legality of carrying brass knuckles, especially in an open and visible manner, is important for ensuring that you're in compliance with the law. In New Mexico, the laws regarding weapons can be specific and sometimes vary from one jurisdiction to another.
Under New... 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
I believe that 18 USC 875(c) cannot be applied retroactively to infringe upon my protected rights under the First Amendment, which clearly states that these rights should not be abridged. How is it possible to charge someone under this statute considering ex post facto laws?
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answered on Mar 24, 2025
You've raised an important constitutional question about retroactive application of laws and free speech protections. The Ex Post Facto Clause in Article I of the Constitution does prohibit retroactive application of criminal laws, which means you cannot be prosecuted under 18 USC 875(c) for... 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
I am publishing a zine series anonymously about my experience working at Trader Joe's, called "Trader J***'s Exposed," with the company's name redacted throughout. I use Canva for graphics, avoiding any copyrighted logos or text. However, my distributor listed it as... View More
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answered on Mar 12, 2025
Your zine may indeed be protected under fair use, particularly if it provides critique, commentary, or personal experience regarding Trader Joe's. Using the name in the title alone does not automatically constitute infringement, especially when it's clearly satirical, critical, or... View More
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answered on Jan 27, 2025
You might feel overwhelmed if you discover an unlicensed contractor has performed substandard work on your property. In New Mexico, the Construction Industries Licensing Act helps protect you from such risks. Various court decisions highlight the importance of licensing to safeguard consumers from... View More
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
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
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