New Mexico Recent Legal Answers from Lawyers

Do you have an attorney representing you in the divorce matter? If so, let him/her know about your wife's conduct. If not, you should consider hiring an attorney. You may also be able to file a criminal complaint and/or obtain e order of protection/restraining order. Contact the police department about the calls you are receiving. ... Read Answer

Possibly. Assuming the immigrant was convicted of a single simple DUI (no other charges and/or damage to persons or property), the immigrant will likely be able to become a permanent residence. However, DUI is taken very seriously. A conviction for any criminal offense is an adverse factor. You may be required to submit additional evidence of favorable factors. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

You may have a viable case. Look for an attorney who specializes in nursing home negligence cases. These are decidedly different causes of action than medical malpractice cases because they are grounded in regulatory law. If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Click here, for more information about me.   Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. ... Read Answer

It all depends upon how he "altered" it.  If he just unilaterally wrote in something else on a copy of the decree, of course it's not legal.  If he petitioned the court for a modification of his spousal support, served you with a copy of his petition in a legally correct manner, and if you did not respond by filing an answer with the court in the time required by law, you may have "defaulted," allowing him to obtain the modification without your consent.... Read Answer

The police need to do more than just say it will keep happening. They have an obligation to investigate and arrest him (with evidence). Them the D.A. Must prosecute. He may have burglaries of other houses. Upon conviction, the judge can stack those res burg convictions and give him serious time. If he gets out and does it again the he would face enhanced penalties. You have to be the squeaky wheel and insist that the police do something. If they don't contact the D.A. And if they don't do something, call the press. That will motivate them. Good luck with this.... Read Answer

I do not know of any process for an illegal immigrant who marries a US citizen to go directly to US citizenship. The first process would be to obtain permanent residence. If your friend entered the US legally, she is probably able to adjust her status to permanent residence with U.S.C.I.S. If not, she may still be able to obtain such through a much more convoluted method, the I-601A provisional waiver which involves an I-130 relative petition, I- 601A provisional waiver application which is adjudicated in the US while she waits here, and if approved, consular processing in the home country with the American consulate or embassy. The I-601A provisional waiver began processing in 2013 and is a very good device to gain permanent residence, but is not one of the easier applications.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

You need to read your policy declarations page. That will tell you what you are and aren't covered for. Lawsuit against insurance company for failing to tell you you needed more coverage? no. You should always refrain from making admissions of liability or even hedged admissions because they can be misconstrued.... Read Answer

From a practical standpoint, the facts you present should have been made known to the District Attorney during the investigation stage. If you did not disclose these facts, and the case has been dismissed with prejudice, it is unlikely that that the DA would or could re-open the prosecution.... Read Answer

Such a resolution means that the individual is pleading guilty to a charge in exchange for a deferment or imposition of sentence as it were. ?The person is then placed on probation. ?Upon the successful completion of that probationary period, the charge is dismissed but not necessarily purged of the criminal record.... Read Answer

If you have a felony conviction and received a deferred sentence, (under state law), your right to own a firearm is probably gone because the federal government does not recognize a deferred sentence as such. It will treat the conviction as a conviction from your plea of guilty and so you will lose the right to own a firearm under federal law. Even with a deferred sentence, I believe the best course of action would be to list that you have a deferred sentence. You can't hide the guilty plea in the criminal justice process. And that's really kind of the rub. An employer, if he/she does a background check would likely discover that you were convicted pursuant to your plea and probably treat this as dishonesty and either not hire your or may then discharge you, despite the fact that the court has "deferred sentence. Good luck with this.... Read Answer

These things are kind of squirrley. It may be that the government filed a Nolle Prosequi (dismissal) and that may not have been entered onto the court docket yet. Could be a number of things or it could be that the government has dropped the ball. Give it some time and check back with your public defender.... Read Answer