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New Mexico Questions & Answers
1 Answer | Asked in Criminal Law for New Mexico on
Q: Can a person be charged 2nd offense if the 1st offense was over 10 years ago in New Mexico
Marc Grano
Marc Grano answered on Dec 1, 2019

I believe what you are asking is related to DWI charges? If that is correct then the answer to the general question is yes. Prior DWIs do not “expire” or become unusable after ten years. Assuming that the state can present proper evidence of the prior. There are also ways to collaterally... Read more »

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Meth in Lea County is funded by keeping the INS and real taxpayer's advocate panel and rights that are never given to

People in N.M. immigrant. Illegal alien. Difference? 3 to 6 months living in N.M. through income support. Immigrant has to become a U.S. citizen within two years. I'm a dumb deadbeat dad and a meth user. Why have they allowed violent law enforcement to be paid millions of dollars to protect violent... Read more »

Timothy Denison
Timothy Denison answered on Nov 25, 2019

What is your question?

1 Answer | Asked in Gov & Administrative Law and Consumer Law for New Mexico on
Q: help with mutual domestic company billing practices and cut offs.

las cruces new mexico mutual domestic water (moongate water company

Tim Akpinar
Tim Akpinar answered on Nov 21, 2019

Your post remains open for four weeks. At this point, you could look into whether the New Mexico Public Regulation Commission might be able to offer guidance. Good luck

Tim Akpinar

1 Answer | Asked in Public Benefits for New Mexico on
Q: Is dating between two seventeen-year-old cousin illegal in the state of New Mexico?
Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo answered on Nov 15, 2019

In New Mexico, "dating" and even marriage between cousins is NOT illegal.

For more information on the topic, see N.M.S.A. 1978 § 30-10-3.

https://law.justia.com/codes/new-mexico/2011/chapter30/article10/section30-10-3/

FYI: This was posted in the New Mexico Section of...
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1 Answer | Asked in Car Accidents for New Mexico on
Q: I hit a cow on hwy 126 in jemez N.M. Is the owner of the cow responsible for damage to my vehicle
Peter N. Munsing
Peter N. Munsing answered on Nov 6, 2019

Generally I have had luck getting coverage through the farmer's insurance, but if you have collision run it through that and let them chase the farmer for the information.

While the owner of a farm animal is responsible if they are allowed to leave the farm, if it were such that you could...
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2 Answers | Asked in Bankruptcy for New Mexico on
Q: Need a bankruptcy attorney but I’m on social security any low income help?
Arun Arjan Melwani
Arun Arjan Melwani answered on Nov 5, 2019

Hello. If you only have social security income and your assets are exempt under the new mexico state exemption laws you may not even need to file bankruptcy. Your social security income may not be garnished by creditor and if your assets are exempt those cannot be taken either. Your creditors may... Read more »

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1 Answer | Asked in Personal Injury and Civil Rights for New Mexico on
Q: False arrest wrongful imprisonment Statue limitations lawsuit
Gary Kollin
Gary Kollin answered on Nov 4, 2019

Thank you for sharing. No question asked

1 Answer | Asked in Civil Rights for New Mexico on
Q: I reside in NM and have been forced to deal with my civil rights being violated daily for the past 3 months.
Gary Kollin
Gary Kollin answered on Oct 30, 2019

Thank you for sharing. No question asked

1 Answer | Asked in Criminal Law for New Mexico on
Q: A friend of mine got shot an didn't make it the police went out to the cousins house took his cell phone

An him to the station for questioning

Gary Kollin
Gary Kollin answered on Oct 27, 2019

No question. Thank you for sharing. Try rewriting with real words and single, not run on, sentences

1 Answer | Asked in Criminal Law for New Mexico on
Q: I was arrested in September and released In October, but today I found out I have a bond arraignment in November

I don’t know what this means

Gary Kollin
Gary Kollin answered on Oct 22, 2019

It is amazing what you can find on google

https://criminal.findlaw.com/criminal-procedure/arraignment.html

1 Answer | Asked in Criminal Law for New Mexico on
Q: I was charged with 30-31-23 (a) & (e) for having 5 grams of meth in my car but the courts said it's a mistermeanr

I thought that charge was a 4 th degree felony?

Marc Grano
Marc Grano answered on Oct 17, 2019

Possession of a Controlled Substance (Meth), pursuant to NMSA 1978, Section 30-31-23 (A) and (E) is a fourth degree felony. A fourth degree felony is punishable by a maximum of eighteen months in prison and/or $5,000.00 fine. However, a person facing this charge MAY qualify for twelve month... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for New Mexico on
Q: What is the maximum time a state can carry a detainer on an individual that has been incarcerated in another state?

Detainer is 13 yrs old and IAD violated 4 times.

Gary Kollin
Gary Kollin answered on Oct 9, 2019

Asking the same question more than once?

1 Answer | Asked in Criminal Law for New Mexico on
Q: How long can NM carry a detainer on someone federally incarcerated? It’s been 13 years and they won’t lift detainer.

They have violated IAD 4 times.

Gary Kollin
Gary Kollin answered on Oct 9, 2019

File for a speedy trial pursuant to the IAD

1 Answer | Asked in Estate Planning for New Mexico on
Q: After locating the determined attorney for a living trust, he refused to help. What do i need to do?trust is in limbo.
Nina Whitehurst
Nina Whitehurst answered on Oct 5, 2019

Find a different attorney. Your facts are unclear but that attorney might not be talking to you because he represents the trustee, not you. You need your own attorney.

1 Answer | Asked in Civil Rights and Immigration Law for New Mexico on
Q: if a permanent resident has battery against a house hold member. Do they get deported?

This the first offense . I have done nothing.

Kevin L Dixler
Kevin L Dixler answered on Oct 3, 2019

If you pled guilty or nolo contendre, then you accepted guilt. That means that DHS considers that you did it. You don’t have to

do a day in jail.

The next issue is the sentence and the criminal statute upon which you were convicted. Also, whether there are other issues that have...
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1 Answer | Asked in Real Estate Law for New Mexico on
Q: .The day of closing(unfortunately after signing) I went to the house and the enclosed attached carport had been removed.

This was not discussed and it was removed while under contract

Vincent Gallo
Vincent Gallo answered on Oct 2, 2019

That was a big mistake, the final inspection should be conducted BEFORE you turn over the purchase monies to the Seller.

1 Answer | Asked in Car Accidents and Personal Injury for New Mexico on
Q: What should happen to a driver that hits a pedestrian. Driver admitted to not paying attention due to texting.

My wife and I were both walking into Sam’s and a lady was texting and hit myself and wife. I was tapped by the car but my wife was hit with more force and thrown. My wife was taken to the hospital, the driver gave a statement and was allowed to leave. I haven’t seen the report yet so I don’t... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 21, 2019

I hope the two of you are okay and that your wife is recovering from being thrown by the car. If she is contemplating a claim, your wife should speak with an attorney without delay. Most attorneys who handle these types of cases offer free initial consults. Obtain the police report and find out if... Read more »

1 Answer | Asked in Probate for New Mexico on
Q: My mother passed away 10 years ago she let me out house my sister said I was going to never get it I told her a lawyer.

Now the house and apartment are vacated I'm in there and want to say there what are my laws and what's the right choice

Nina Whitehurst
Nina Whitehurst answered on Sep 16, 2019

It sounds like your mother's estate was never probated and, therefore, title to the house is still in limbo. You should hire a local probate attorney to help you probate your mother's estate.

1 Answer | Asked in Probate for New Mexico on
Q: Can I file a petition for administration from the state I live in

Probate

Nina Whitehurst
Nina Whitehurst answered on Sep 14, 2019

It must be filed in the state in which the decedent was domiciled, regardless of where his heirs are. Additional probate cases, called ancillary probates, must be filed in the states in which the decedent owned property. Proper estate planning can avoid this madness.

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