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New Mexico Questions & Answers
1 Answer | Asked in Family Law for New Mexico on
Q: Can I receive any kind of support or property if I leave a relationship after 23 years we are not married .
James L. Arrasmith
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answered on Nov 8, 2023

If you leave a long-term relationship in which you were not married, you may not be entitled to support or property division in the same way that a divorcing spouse would be. However, some states recognize what is called "common law marriage" with certain conditions, or you may have... View More

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 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 Consumer Law, Civil Litigation, Collections and Constitutional Law for New Mexico on
Q: Where can I find an attorney to represent me in a case against a local new car dealership and credit union in Abq, NM?

Purchased new vehicle from franchised new car dealership. Received trade-in credit, and balance financed with a loan the dealer assigned to a local credit union. Dealer said CU will contact me with payment amount and due date. I bought supplemental coverages, paid TT&L fees, & sales tax -... View More

James L. Arrasmith
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answered on Nov 5, 2023

In seeking representation for your case, you would want to look for attorneys who practice consumer protection law or specialize in auto dealer fraud. The New Mexico State Bar Association offers a lawyer referral service that could connect you with a lawyer who has the relevant experience for your... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: Do I have to consent to being searched just because someone accused me of taking his things?

This happened with the drunk person sitting next to me on an airplane, he threatened to beat me up when he lost his things accusing me and getting police called to the plane

Paul Gerhard Hanson III
Paul Gerhard Hanson III
answered on Nov 1, 2023

No. The police cannot search you without a search warrant, an arrest, a police detention or an emergency situation being present. In addition, the police cannot search you without probable cause to believe that you committed a crime or have evidence of a crime on your person. This right to be free... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for New Mexico on
Q: Do I have to consent to a search?
Paul Gerhard Hanson III
Paul Gerhard Hanson III
answered on Nov 1, 2023

No, you do not have to consent to a police search if there is no police search warrant, no arrest, no police detention or no emergency situation present. The police must first obtain your consent to their search in all those situations in order for their search to be legal. However you may always... View More

2 Answers | Asked in Bankruptcy for New Mexico on
Q: How long does cashing out a retirement account ($20k) impact income guidelines for Ch 7 filing?

Is it considered income for one month and Iwould have to wait six months for that to not be considered?

James L. Arrasmith
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answered on Nov 5, 2023

When you cash out a retirement account, the funds received are typically considered income for means test purposes in a Chapter 7 bankruptcy filing. The means test averages your income over the six months prior to filing, so a large withdrawal could affect your eligibility if it significantly... View More

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1 Answer | Asked in Family Law for New Mexico on
Q: Should i be worried if my girlfriends mom calls the cops on me. I’m 18 and she is 16 and we have been dating for 1y 7m.
T. Augustus Claus
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answered on Oct 25, 2023

If you're 18 and dating a 16-year-old in New Mexico, be aware that the age of consent is 17 in the state, which means individuals under 17 cannot legally consent to sexual activity. If her mother expresses concerns and calls the police, it's important to cooperate and address the... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for New Mexico on
Q: Do I have any right to money from the sale of the house my ex husband is selling when he never removed me from the deed

We bought the house in 2019, divorced in September 2022 when I moved out. He had until Nov 1 to remove me from the deed but never did. Now he’s selling and wants me to sign the paperwork to remove me from the deed.

T. Augustus Claus
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answered on Oct 24, 2023

In a situation like this, the division of proceeds from the sale of the house typically depends on the divorce settlement agreement or court orders. If your divorce decree outlines how the property should be handled and whether you're entitled to a share of the sale proceeds, that agreement... View More

1 Answer | Asked in Real Estate Law and Probate for New Mexico on
Q: my fathers aunt had left him her house via a transfer on death deed , both have passed what can I do. Im the heir

I don't think it was recorded,

Anthony M. Avery
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answered on Oct 23, 2023

If the Deed was not recorded, it has no effect here. You might want to get the Deed placed of record, then establish that you are your Father's Heir (Probate, Affidavit of Heirship) etc. If you have the Deed, hire a NM attorney. You may have to then get possession after you establish title.

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: what if a landlord adds on conditions unbeknownst to the tenant after signing of lease?
James L. Arrasmith
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answered on Oct 23, 2023

In New Mexico, as in most jurisdictions, once a lease agreement has been signed by both parties, its terms become binding. A landlord cannot unilaterally change or add conditions to a lease without the tenant's consent after it's been signed. If a landlord attempts to enforce new... View More

1 Answer | Asked in Domestic Violence for New Mexico on
Q: Can I take my ex-husband to court for the sexual abuse that he put me through in our marriage including human traffickg

I am severely damaged from that abuse!

T. Augustus Claus
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answered on Oct 20, 2023

In New Mexico, you can pursue legal action against your ex-husband for any criminal acts, including sexual abuse or human trafficking, that occurred during your marriage. However, it's essential to act within the statute of limitations for such offenses, which can vary based on the specific... 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 Animal / Dog Law for New Mexico on
Q: Can you sue an animal shelter for knowingly selling your chipped cat to someone?

My boyfriend used to have a cat that was completely his, he payed for it, chipped it, neutered it, vaccinated it and everything but it had accidentally got out one day and someone took it to the local shelter because they thought it was a stray. The shelter checked for a chip and contacted my... View More

John Michael Frick
John Michael Frick
answered on Oct 15, 2023

In most cases, an animal shelter must keep an animal for a fixed period of time (3 days or 5 days is common) to allow the owner to claim the animal before either destroying the animal or allowing an adoption. The time period typically runs from the time the animal is received by the shelter not... View More

2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for New Mexico on
Q: If the vehicle description is wrong or incorrect on a citation(s) should they automatically be dismissed?
James L. Arrasmith
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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

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1 Answer | Asked in Criminal Law and Family Law for New Mexico on
Q: How would I be able to get information on my incarcerated fiancé that has been hospitalized

I have POA of my fiancé tht is incarcerated

T. Augustus Claus
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answered on Oct 11, 2023

In New Mexico, if you have Power of Attorney (POA) over your incarcerated fiancé, it might grant you access to certain information about his well-being and medical status, depending on the specifics of the POA document. You should start by contacting the facility where he is incarcerated and... View More

1 Answer | Asked in Gov & Administrative Law for New Mexico on
Q: The state took my professional license with no due process. Can I sue the state for larceny

I missed paying my renewal fee

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2023

A New Mexico attorney could advise best, but your question remains open for a week. A criminal attorney could best advise how larceny is defined in penal codes, and this is posted under Gov & Adm Law. However, it's unlikely that any jurisdiction would qualify the action as larceny. You... View More

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Q: My ex-husband left the state in 2021 and has been no contact with our daughter since is filing for abandonment possible?
T. Augustus Claus
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answered on Sep 28, 2023

In New Mexico, filing for abandonment might be an option if your ex-husband has had no contact with your daughter for an extended period. Generally, abandonment is defined as the deliberate act of relinquishing all rights and claims to a child. Legal requirements may vary, so it's important to... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for New Mexico on
Q: Iam out of town. Brother has arrest warrant. Police break down doors. I come home valuables missing.

Who would be responsible for doors and valuables. Our residence was left unsecured and unattended.

James L. Arrasmith
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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...
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1 Answer | Asked in Employment Law for New Mexico on
Q: Can an employer in the state of new mexico ask you why you need a certain day off
John Michael Frick
John Michael Frick
answered on Sep 18, 2023

Obviously yes. There are certain reasons for which the law requires an employer to give an employee a day off (for instance, Family Medical Leave, jury duty, religious reasons, etc. Whether an employer will give an employee a day off for other reasons depends on the parties' employment... View More

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