New Mexico Recent Legal Answers from Lawyers

Check with your county clerk's office. If there has been a probate there should be a personal representative's deed which you can present to have the deed placed in your name. If you were joint on the deed with your mother you will probably just need to present a quick claim deed to have your mother's name removed from the deed. Each state is different so get guidance from an attorney or the county clerk.... Read Answer

From a practical standpoint, I don't think the government would seek to extradite you for this because it is "merely" a shoplifting case. However, that warrant will remain active and so if you have family or friends in NM and you come back to visit, if you are stopped for any reason, that warrant will show up and you will be arrested at that time. Your options are to ignore or to deal with it. If you ignore, penalties increase. Your departure out of state creates an appearance of awareness of guilt. If you deal with it, you can make the argument that you came back to deal with it arguing the facts as you have stated and letting the court know that you take your role as a law-abiding citizen seriously. You may not be able to breathe easily until this is resolved.... Read Answer

First of all, "refusing to talk" is not an offense that many people would object to, but even so, many people would consider a choke hold at least over-reaction and perhaps at most, child abuse. Many people would also say that using violence such as this is both psychologically and physiologically harmful to the child. You need to make a more enlightened decision about whether refusing to speak is one that merits discipline and then secondly, I would suggest you find a better means of discipline perhaps "time-out," no dessert, grounded etc. This is dangerous and harmful. Don't do it.... Read Answer

You can certainly take her to court and the costs that you expend may be recoverable at the back end of the litigation. But the real question is, will you be able to collect from he? Many people are simply judgement-proof or, if not, will go to great lengths to dodge creditors. You can spend a great deal of time and energy and money chasing wrong-doers down, getting them served and trying to get them to respond or to even go to court. Oftentimes they don't. And so, you can win the case and still have a difficult time trying to collect. There are further remedies available that may assist you in your collection efforts, but they too will require serious commitment and energy. For instance, Writs of Garnishment, notice to the MVD requesting suspension of their drivers license in an effort to leverage payments due. Good luck.... Read Answer

I very much doubt that the police will get involved in this private civil dispute.  However, you have no control over whether the matter goes to court.  Unless the two of you can work out a resolution, the other party may decide to sue you.  That is his/her decision.  If what you say is believed by the Court (i.e. that your phone was in perfect working order when received by the other party), you should win the suit.... Read Answer

That has several implications. First, if he forged a check, why would he want to try to press charges since he is implicating himself or is he just saying that you did it and tossing you under the bus? Second, if the authorities find out about this in whatever manner, the D.A. will likely prosecute, depending, perhaps on the amount stolen in the forged check. Third, how can you be sure the victim hasn't or won't file a police report? Have you discussed this with him and made a promise to return the money?... Read Answer

The Pre Pros unit I'm sure, advised you early on that failure to comply with all requirements would likely get you bounced from the program. And since you made an admission to get into the program, the D A will likely file an information and get the case moving forward for prosecution with your admission.... Read Answer

Ten Day rule simply put means that the State has ten days from arrest to get the case to the grand jury and indicted or he must be released. If he is in custody and indicted within the ten days then the state has complied. If someone is released because no grand jury/indictment. And is released, the state can still indict.... Read Answer

Shoplifting charges are something an employer would likely want to know about. However, most job applications are only interested in whether you have been convicted of a felony. While it is considered a crime of moral turpitude, unless an application requests that you list all crimes of which you have been convicted, it would not be one to list. As you know, honesty is the best policy, but it probably would not be wise to list it on your resume.... Read Answer

When you appear before the judge, he/she will likely review your conditions of release.? Since you have posted bond, the court can continue the conditions of release as they are and continue the bond.? If the D.A. decides that the bond is insufficient and wants to argue for an increase he will.? If not, he won't and if he doesn't the court is likely to leave the conditions as they are. It's more probable than not that the D.A. will not advance an argument to increase absent some compelling reasons.... Read Answer

That is a question that has a lot of complexities to it, for instance what other medications you may have taken and the interaction with those other drugs. Whether you suffered from depression prior to this, whether you had follow-ups with you health care provider in timely fashion, and so forth.... Read Answer

If you are suing an individual and can't find his/her name, you would generally (in the jurisdicitons in which I generally practice which doesn't include NM, but it's probably the same there) sue "John Doe", who you would identify in the caption and the body of the complaint as the business owner.   If this business is a corporation, llc, or other legal entity, you would generally have no basis to sue its owner or owners personally; as a general rule, the owner or owners of a corporation, llc, or the like, would not be personally liable for its obligations.  That is probably the main reason why people incorporate. ... Read Answer

You can file your N-400 application using your parents' address and explain the situation to the naturalization examiner at the time of interview if asked. But please note that there are jurisdictional lines to immigration field offices. If you are moving to another place which falls within the jurisdiction of another U.S.C.I.S. field office, your case would not be adjudicated and would instead be transferred to the one with jurisdiction over your new location once it becomes known.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

From a practical standpoint, an attorney could "ease" you into the system. An attorney may be able to facilitate the time and place of surrender rather than you just showing up and being whisked off to jail for booking. He/she may also be able to facilitate a release without the need for bond. and possibly a quick resolution without the need for further jail. Perhaps even a dismissal of charges.... Read Answer

Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.... Read Answer

Unless there is a provision in the contract (there often is) that provides for what state's law governs its validity and enforceability, there is no easy answer to the question, as a lot of different factors can affect the result.  Assuming there is a conflict in the laws of the various interested jurisdictions, New Mexico generally applies the law of the place where the contract was entered into.... Read Answer

The question will be whether your fiancée has custody over the child. If not full custody, the American consulate or embassy may request proof that the ex-husband has given permission for the child to settle in the States. I'm not aware that the US has any type of agreement to send children back to the home country, but there is concern that the rights of parents be protected.  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

If you were in the state of Massachusetts, they would be plenty that you could do with your foreclosure case, but what most people do not understand while they're doing their Google searches on these subjects is every state has different laws pertaining to these situations. When you find out about the subject matter you are discussing, you are for the most part discussing Massachusetts cases and those of a few other states, but this does not apply to each and every state. The federal laws on the subject are not as helpful as those of certain state, the problem is some states have almost no protection for homeowners even when these situations arise. The fact that certain problems are made by the banks and their processing of the mortgage doesn't automatically and every state violate a particular statue or case law. The best answer would be to get the help of a qualified and experienced attorney to handle this matter for you. These are not simple cases and generally require expert witnesses, expert testimony, a forensic legal analysis of the mortgage and other things are not within the scope of this question. This is really one of those things that you really can't do yourself.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer