New Mexico Recent Legal Answers from Lawyers

I don't see your question but I'm assuming you're asking if he will get deported.  More than likely he will be deported because controlled substance trafficking is an aggravated felony for immigration purposes.  Please contact an experienced immigration attorney to confirm.   Evelyne M. Hart, Esq. Evelyne M. Hart, PC - IMMIGRATION LAW OFFICES 1440 N. Harbor Boulevard, Suite 900 Fullerton, CA 92835 Toll-Free: (866) HART-USA (427-8872) Telephone: (714) 449-8409 email: ehart@hartimmigration.com URL: www.hartimmigration.com      ... Read More

Christy - a person can give cash and property valuing $14,000 in 2013 without having a taxable gift.  However, just because you have a taxable gift does not mean you will owe a gift tax.  Starting in 2011, a person can give away either during life, at death or a combination of life and death taxable gifts totaling $5 million without having to pay any taxes.  Until your father gives away more than $5 million in taxable gifts, he will not owe any gift taxes.  If your father's total wealth is less than $5 million, you will not owe any taxes whether he gives you the property during his life or at death.  I highly recommend that any real estate or investment assets your father owns not be given to anyone while he is living.  By waiting until he passes away to inherit the property, the heirs will get a new income tax basis in the property which will save them income taxes when they sell the property after your father passes away.  I hope this helps.... Read More

Your only potential option is to consider suing the roommate in Justice Court/Small Claims Court.  There should be a Justice Court or Small Claims Court or Magistrate Court in your county.  I recommend doing some reserach on that and going to the Court to talk to the Clerk and get some information about how to proceed on recovering this money.  Some Courts have a limit, but the Clerk should be able to help you with that.  Start here:    http://www.nmcourts.com/othercourts/nmmagistratecourts.html Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.... Read More

You should consult a local bankruptcy attorney or consumer rights attorney to determine how to proceed.  Most bankruptcy,consumer rights attorneys offer a free initial consultations.   There are too many different variables to answer that question as it currently is asked.  It depends on numerous factual issues and a local attorney can determine how to proceed considering your unique situation. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

No. Simple answer is no. There are legal means for wife and husband not to testify against one another. But not children. For instance is the wife forces a child to testify against her husband (say she claims that the husband molested the child) and the event never occurred - and the reason for this force to testify was to get even with the husband or monetary gains through a divorce then court and truth would truly be screwed up. So the simple answer is no.... Read More

ICE regularly reviews state criminal records for immigrants who have been arrested, charged or convicted.  There is no time limit for ICE to try and remove an immigrant who has violated the law.  You can challenge the removal action and seek relief under some circumstances.  Only a qualified legal professional can help determine the best course of action after consulting with your boyfriend.... Read More

Which assets are protected (exempt) in a chapter 7 bankruptcy case depends first on which state or federal law applies in your case, which is determined by where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.  The next step is to determine what assets you have, and what their realizable values are and then see if there are sufficient exemptions to protect them under applicable law. You need to have a consultation with a qualified bankrupty lawyer in your area for more specifics. 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

As a general matter, employment in the United States is on an "at will" basis. That means that your employment may lawfully be terminated at any time for any reason or no reason at all. A court will not involve itself in determining whether the employer's claimed reason for termination is valid or founded.... Read More

Alienation of affection has largely been abolished as a tort cause of action in the United States. Moreover, such lawsuits are disfavored and require proof of difficult facts. For the lawsuit to be successful, the defendant needs to have money and be capable of responding in damages. Some personal injury lawyers will take these cases on in states where the tort is recognized. Good luck.... Read More

As a general matter, in the United States employment is on an "at will" basis. That means that an employee may be terminated at any time for any reason or no reason at all. There are some limitations on this principle for unpermitted discrimination, but that does not seem to be a factor in the fact pattern you suggest.... Read More

You will be convicted of DWAI, a violation and your license will be suspended. Your insurance may rise dramatically and you may have a problem getting a decent job with a DWAI on your record. If you retain a good lawyer you may be able to win the trial as it is a low BAC, but almost everyone is convicted of DWAI or DWI unless they passed all the field sobriety tests and get the breathalyzer test thrown out. There is a zero tolerance law for minors who drive while intoxicated.... Read More

It sounds like you have a case worth investigating. I think all of the damages are probably related to the initial failure to diagnose the appendicitis because you would not have turned septic at all if that problem was treated appropriately. There will be a question about whether the case is financially viable.  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 expect when filing 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 Web: www.starrgern.com. ... Read More

You do not state whether your occupancy of this space is covered by the terms of a written lease and what the lease says about late payment. As a general matter, you will have to resolve this with the landlord, if you can -- including payment of whatever additional sums the landlord demands. If you cannot resolve it, you will need to sue the landlord.... Read More

In general, corporate attorneys (as opposed to personal injury practitioners) do not use telephone referral services. You might try a service like Martindale-Hubbell on the web, which is one of the ways that attorneys themselves use to locate professionals in other states. If you explain the nature of the problem you have and why you need one or three lawyers in those different states, we may be able to assist you with a referral. Please feel free to contact my office directly.... Read More

Assuming your contract was validly entered into -- which an attorney could assist you in determining after reviewing it -- you are entitled to the benefit of the bargain you made. You can sue to recover the difference between what they promised you and what you make by leaving and accepting work elsewhere.... Read More

Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming.  Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). Additionally, since different offices have different standards for whether a case is worth prosecuting, if you are interested in pursuing this further 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.  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 expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. 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 Web: www.starrgern.com. ... Read More

Yes, but it may be very difficult because there are appearances that must be made at the bankruptcy court.  Additionally, it may be difficult to find an attorney interested in taking your case, and the bankruptcy courts and code are very complex.  It might be a good idea to contact the attorney who represented you in your case to see if he/she knows any attorneys who might be able to assist you in filing for bankruptcy.  This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

It depends on facts that you do not provide. The real question is whether the plaintiff was able, as a result of the omission or misstatement, to obtain something to which it would not otherwise be entitled. It is not clear from your inquiry whether, or how, anyone was actually harmed by this seemingly minor issue.... Read More

You will need the services of an attorney to rectify this situation. You should bear in mind that it is not likely that the infringer has realized much revenue from infringing sales, and, if you have not already registered the copyright in your work, you may not be able to recover statutory damages or attorneys' fees from the infringer. Under the circumstances, your most cost-effective efforts might be to continue to attempt to cause the infringer to desist. Please contact my office if we can help -- (203) 399-1320.... Read More