New Mexico Recent Legal Answers from Lawyers

There is no difference between a K-1 visa and a fiancé visa – they are both the same. Upon entry to the US under the K-1 visa, the fiancé and US citizen must marry within 90 days. Then the fiancé can apply for adjustment of status to permanent residence with U.S.C.I.S. 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 would not be liable for the acts of you 21 year old son unless you were the owner of the vehicle.  Your son is over 18 years old, so you have no parental liability.  However, you could be liable as the owner of the vehicle if you have no insurance on the vehicle.  If you are not the owner of the vehicle and don't drive the vehicle you have nothing to worry about.  For more information on New Mexico and Albuquerque car accidents please see our web site at www.carusolaw.com or our blog at www.AlbuquerqueAccidentAttorney.blogspot.com... Read Answer

The lawyer must get a judgment against you entered by a judge before the lawyer can go after any assets whatsoever.  You may need to retain your own lawyer to fight the judgment.  If you need further information about car accidents and personal injury law in New Mexico, please see our website at www.carusolaw.com or visit our blog www.AlbuquerqueAccidentAttorney.blogsppot.com... Read Answer

Do you have any more information the stalker name, where he works, make, model and color of the vehicle? Detailed description of him. Do either of you know him by name? All that has to be provided to police to the extent possible. And you must notify police every time there is a new incident. Also, unless the police have more to go on, nothing may happen. All you can do is be vigilant, observant and travel in pairs to the extent possible for the immediate future.... Read Answer

I don't believe that records are ever "expunged." That is, charges and convictions remain in the NCIC and no matter what directive a court may enter, you can't wash it clean and sanitize it. You can't unring a bell. Especially given the posture of federal firearms laws and the database the feds have access to.... Read Answer

A deceased person who dies without a will is known as someone who died intestate. He is going to need a small estate affidavit if he left less than $50,000.00 in assets excluding his homestead and exempt property. If he left more property than that, he's going to need an administration of his estate. To answer your question about the proceeds of the home, it depends on whether or not the home was community property or separate property that was purchased before marriage. It also depends on whether or not all of the children are children of the deceased and the wife. I'd strongly recommend you advise your friend to consult with a local attorney so that this man's estate is handled properly.... Read Answer

Before a judge can accept any plea other than not guilty, it wants assurances that the defendant is making an informed decision because of possible consequences that could potentially include incarceration or monetary penalties. It does this by affording the defendant time to speak with an attorney who can evaluate the strengths and weaknesses of the government's case and any defenses the defendant may have. The pre-trial is merely a hearing where the court monitors the status of the case as it progresses, i.e. whether the defendant has counsel or whether a trial is necessary or if the defendant is going to proceed pro se.... Read Answer

From a practical standpoint it may be cost-ineffective for him to bring a court action against you. The cost of filing the complaint and service of process could exceed the fair market value of the items that you disposed of. If you gave him notice that you would not keep them around for him to pick up at some vague time in the future, then the court could make the determination that he abandoned them. It seems like he had a reasonable amount of time to retrieve them post-breakup.... Read Answer

Oftentimes these are blown out of proportion, but the policy is once the police are called, it will usually wind up with an arrest of the man, regardless of what else has transpired. It will require a motion to the assigned judge citing some reasons why the no contact order should be lifted. But because the violence in domestic violence cases often increases, courts are reluctant to lift the no contact order. it would have to be some very compelling grounds. Good luck with this.... Read Answer

Leaving aside the disbarment issue for the moment, when an attorney working on a contingency is replaced by another, generally they divide the fee between them.  So if it is a 1/3 contingency, you recover $30,000, you have $3,000 in disbursements, the attorneys would split the $9,000 fee between them.  So yes, both lawyers are being paid, but you are not paying any more.  However, the attorney who has now been disbarred may be barred from receiving a fee for his work, particularly if the grounds of his disbarment are related to his work on the case.... Read Answer

Any nonimmigrant visa status that you may try to apply for on his behalf would likely be denied due to the overstay and also due to the fact that he most likely entered the US under a visa waiver which would not allow a change of status or extension of status in the States. I do note that children under the age of 18 are not subject to the 3 or 10 year bars which apply to most persons who are not legal in the country if they are illegal for 180 days or one year respectively.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

Not all people react to anesthetics as anticipated or expected. However, the fact that you were not sufficiently sedated to begin with, coupled with the fact that you were insufficiently sedated during the operation, so much so that you were able to move about and go to the bathroom is astonishing. It's not merely the lingual nerve damage, but also the pain and suffering during the operation and post operation from an unsuccessful operation that are troublesome. What I don't know is whether the nerve damage continues to be painful or a problem for you and whether or not it interferes with speech. Permanent nerve damage may result in other problems. Without knowing more, the question becomes whether the methods used by the dentist fell below the acceptable standard of care. It appears that it did.... Read Answer