New Mexico Recent Legal Answers from Lawyers

You can bring a motion to modify custody and/or visitation, but you need more hard evidence than what you have stated here. The days of courts favoring women are long gone, in my opinion, with perhaps the exception of some very rural areas. I have achieved joint custody and primary custody arrangements for many of my male clients, as have other attorneys. Your best option is to consult with an attorney in your geographic area to review what evidence you have and how to go about getting more and better evidence that can be used at a hearing. In a situation like this, there is much work to be done before any motion is ever filed.... Read More

usually when a lawyer dies, his partners assign his cases to someone else. if he has no partners, sometimes the bar association goes in to his office and makes sure the files get to other lawyers. also, you can ask whoever is handling his case load, the partners or the bar association, for the file and take it to a lawyer of your choosing.... Read More

Like most women who marry the wrong man, you made it worse by putting up with him and staying in the marriage. Then you did not just walk away or call the police when he got abusive again. You hit him first and escalated the matter. You do not decide who will be prosecuted, the prosecutor does. You will not be in trouble, he will as he took the officer's gun and has priors. You must act like an adult and not get into fights with people or you will get arrested. Sophisticated people do not scream and shout at each other, immature people do.... Read More

If the second doctor fized the problem, you probably do not have a financially viable malpractice case.  If you want to investigate a malpractice 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.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. ... Read More

No. The police don't have to read you your Miranda rights unless they question you while you're in police custody and they want to use your testimony against you in court. Many police officers don't bother reading Miranda rights because they have evidence of the crime that is so obvious, they don't need to use your testimony to convict you.... Read More

Depending on how long ago your first DUI was, you are looking at a possible jail sentence of 90 days to 1 year, a fine of $390 to $1,000 plus penalty assessment which raises the fine to approximately $1,800 on the low end, a 2 year license suspension, possible car impound of 1 to 30 days and a minimum 18 month drinking driver program. The accident with your 2 children in the car can add additional charges such as child endangerment, child neglect, etc. which could add additional jail time and penalties. If you have not already retained an attorney, I suggest that you do so as soon as possible.... Read More

You have to wait 10 years in between filing for bankruptcy.               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.      Tai Figueiredo Paralegal BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com126 Shove Street Unit 202 Fall River, MA 02724 Office:  888-269-0688FAX:    877-475-8147... Read More

You should probably get your own attorney. If you gave a written or recorded statement that may be used despite your refusal. If your statements are don't remember or I don't know, there's probably not much they can do but this is a delicate situation that you should discuss with an attorney. You don't want to subject yourself to allegations of allegations of making a false official report.... Read More

The car dealer can sell the car for any amount that you agree to pay (it has nothing to do with in house financing), unless they lie to you about some fact which causes you to buy the car.  If they told you that the blue book value of hte car was $9,000, you may have a claim for fraud (although there would be a question about whether you were reasonable in relying on their statement, which is an element of fraud), but they are not required to sell the car for blue book value.... Read More

If you can demonstrate that the delay in treatment or the surgery itself caused the nerve damage, then you may have a viable medical malpractice case. To know the answer to these questions, and attorney would have to secure your medical records, review them, and ultimate submit the case to an expert for review.  If you want to investigate a malpractice 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.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. ... Read More

First of all, your children are not liable for your debts. As far as discharging student loan debts in bankruptcy, you would have to prove that repaying them would constitute an "undue hardship" on you as that term is defined by applicable case law. In the Ninth Circuit, which includes New Mexico, this requires that you prove: 1. that you cannot maintain, based on current income and expenses, a 'minimal' standard of living for yourself and your dependents if forced to repay the loans;  2.  that additional circumstances exist indicating that this state of financial affairs is likely to persist for a significant portion of the repayment period of the student loans; and,3.  that you made good faith effort to repay the loans.    Another option is to file a Chapter 13 bankruptcy case and just pay what you can afford for 5 years; then file another Chapter 13 after that to prevent any collections actions by the student loan agency. You should start by having a consultation with a bankruptcy attorney in your area to explore your options and see what you're eligible for. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More