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305 legal questions have been posted about by real users in New Mexico. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.

Am I eligible for more benefits from SSI for every disability that hinders me from working?

Answered 10 years and 7 months ago by Michael J. Haller, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security Disability
No.  Once you are disabled and receive Supplemental Security Income (SSI) as a benefit, the monthly amount is set by laws, regulations, and annual cost of living adjustments.  You are either disabled under the laws and regulations, or not.  If you are more disabled now than you were when SSA granted benefits, you are not entitled to larger monthly payment. Unfortunately, it sounds as though the cash benefits that you are receiving are the most that a single person may receive this year. You may want to investigate State or County cash benefits that may be available.... Read More
No.  Once you are disabled and receive Supplemental Security Income (SSI) as a benefit, the monthly amount is set by laws, regulations, and... Read More

What are my options to get my money back if purchase was made out of state?

Answered 10 years and 7 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Wow. Did you install yourself or did you have a shop install? This is important be ause you will have in urred that expense, plus removal. What was the warranty? Why won't he return? Does he offer any reason? And will he even respond to contact by you? Is he a business or just an individual? May imp at collectibility on your claim. Doesn't sound like he knows what he's doing. You can likely sue him but unless he does business here, you may be limited to suing him only in his state. And it will likely be a court of limited jurisdiction. Somewhat complicated be ause there are many considerations... Read More
Wow. Did you install yourself or did you have a shop install? This is important be ause you will have in urred that expense, plus removal. What was... Read More

Is there any way I can transfer my case back and renegotiate my probation or even get my case moved to a larger city?

Answered 10 years and 7 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
Wow! You've got a lot of variables that are difficult to address in this simplistic response. It almost sounds as if you are wanting to retract your plea of guilty due to inadequate advice. But, assuming you only wish to transfer your probation, it may be possible, but it would require a motion and a court order.... Read More
Wow! You've got a lot of variables that are difficult to address in this simplistic response. It almost sounds as if you are wanting to retract your... Read More

What will happen if I was charged and arrested for tampering with evidence?

Answered 10 years and 7 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
It remains to be seen whether the D.A. Will seek an indictment. It may be, based on what you say, the case will not go forth. If it does, it sounds quite defense-able!
It remains to be seen whether the D.A. Will seek an indictment. It may be, based on what you say, the case will not go forth. If it does, it sounds... Read More

If we recently stayed at a hotel chain and our vehicle was stolen, who is responsible?

Answered 10 years and 8 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer
That may depend on a number of things. If the lot is secure and you have been provided notice that it is secure, perhaps. Covered or adjacent parking is not a certainty that they have liability. Why not submit this to the insurance company and let them battle with this?
That may depend on a number of things. If the lot is secure and you have been provided notice that it is secure, perhaps. Covered or adjacent... Read More

What happens to a 15 year old who got caught shoplifting less than 100 if this is the first offense?

Answered 10 years and 8 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
The court is not eager to incarcerate so it is likely that he will be given a slap on the wrist.
The court is not eager to incarcerate so it is likely that he will be given a slap on the wrist.

Can my boyfriend be reinstated on his probation for violation of probation at a video arraignment?

Answered 10 years and 8 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
Well, a lot would depend on what the original underlying felony is, what his criminal record consists of, the nature of the probation violation, whether he's had other previous violations, whether he has had any failures to appear. whether he has ties to the community, whether the court considers him a flight risk or a harm or danger to the community. So you can see it is not as simple as one might think.... Read More
Well, a lot would depend on what the original underlying felony is, what his criminal record consists of, the nature of the probation violation,... Read More

My attorney became a judge halfway through the case, what do I do now?

Answered 10 years and 8 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer
He has a responsibility to notify all his clients that he is leaving his practice. ?You should start seeking out a new lawyer.
He has a responsibility to notify all his clients that he is leaving his practice. ?You should start seeking out a new lawyer.

What happens to my son who was arrested for domestic violence against his roommate?

Answered 10 years and 8 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
First the failure to read Miranda warnings does not invalidate a case. If he made a statement without such warnings, the statement can be excluded. This sounds like a he said/she said situation. The court will listen to the evidence and decide based on the evidence presented. the fact that he has never been in trouble before will help a lot if the court should find him guilty. and there is the possibility that the court may find him not guilty. Either way, he and his roommate will have to decide if they will continue to room together.... Read More
First the failure to read Miranda warnings does not invalidate a case. If he made a statement without such warnings, the statement can be excluded. ... Read More

What happens if I stole 3 pistols and 1 rifle?

Answered 10 years and 8 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
Well, if the weapons don't belong to you, the D.A. could charge you with larceny.
Well, if the weapons don't belong to you, the D.A. could charge you with larceny.

Can I sue them for elder abuse, embezzlement, fraud, misapplication of funds, diversion of funds, racketeering and defamation l for closing my account

Answered 10 years and 8 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You've presented some interesting facts, but these sorts of cases likely involve much more detail than you have provided. It is difficult or impossible to answer your question without more information. This would likely require a consultation with an attorney and would likely also require a review of some of the documents involved. I would suggest you contact an attorney for further assessment.... Read More
You've presented some interesting facts, but these sorts of cases likely involve much more detail than you have provided. It is difficult or... Read More

Was the arrest legal if the vehicle listed on the full report is not mine?

Answered 10 years and 8 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
That is not likely to result in a dismissal of your charges.
That is not likely to result in a dismissal of your charges.

What can I do about this drug charge?

Answered 10 years and 8 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
You would be well-advised to speak to a criminal defense lawyer.
You would be well-advised to speak to a criminal defense lawyer.

How long does an insurance company have to pay the claim on a totaled vehicle?

Answered 10 years and 8 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
I am unaware of any time limit, but certainly within a reasonable period. If the parties have agreed on an amount, a check should be cut within a few weeks.
I am unaware of any time limit, but certainly within a reasonable period. If the parties have agreed on an amount, a check should be cut within a... Read More

what am i responsible for due to me not having insurance?

Answered 10 years and 8 months ago by attorney Mark Caruso   |   1 Answer   |  Legal Topics: Automobile Accidents
Yes, you can be sued and your driver's license can be taken away if you do not pay or enter an agreement with the insurance company attorney to make periodic payments.
Yes, you can be sued and your driver's license can be taken away if you do not pay or enter an agreement with the insurance company attorney to make... Read More

Can I sue a California Corporation and their insurance company for an accident which happened in new mexico?

Answered 10 years and 8 months ago by attorney Mark Caruso   |   1 Answer   |  Legal Topics: Automobile Accidents
You will need to retain a NM licensed attorney to file suit in NM against the CA corporation.  Yes, you can sue the CA corporation.  Mark Caruso 505-883-5000
You will need to retain a NM licensed attorney to file suit in NM against the CA corporation.  Yes, you can sue the CA corporation.  Mark... Read More

SOL MVA

Answered 10 years and 8 months ago by attorney Mark Caruso   |   1 Answer   |  Legal Topics: Personal Injury
We would be happy to assista as local counsel.  mark@carusolaw.com   or 505-883-5000
We would be happy to assista as local counsel.  mark@carusolaw.com   or 505-883-5000

Is an employee liable for a company’s bounced check?

Answered 10 years and 8 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
If her only task relative to the checks was to transport and cash the check, there would not be any liability. She didn't write the check, she is not a co-signatory, she didn't endorse the check, she didn't deposit it in her name or her account, assumedly. If there is no impropriety, then the owner would be the liable party. ?The question then becomes, what became of the $1,900 cash that was given to her at the time she presented the check?... Read More
If her only task relative to the checks was to transport and cash the check, there would not be any liability. She didn't write the check, she is not... Read More

Are there any pre-prosecution diversion programs or similar options from a municipal court?

Answered 10 years and 9 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
The amounts of exposure for fines or incarceration are relatively small and I doubt that municipal courts have "diversionary" programs per se. But it has its own sorts of non-incarceration programs such as taking something under advisement.
The amounts of exposure for fines or incarceration are relatively small and I doubt that municipal courts have "diversionary" programs per se. But it... Read More

What happens if you have no public defender on your next court date?

Answered 10 years and 9 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
The answer probably depends on whether the court instructed you to obtain one.? If the court did, and you didn't get one, then you will have to deal with the judge being upset over this.? If it is early, the court will likely instruct you to ensure that you apply and for the P.D. to file an entry of appearance.... Read More
The answer probably depends on whether the court instructed you to obtain one.? If the court did, and you didn't get one, then you will have to deal... Read More

What charges can be brought about for a pregnant woman starting a physical fight?

Answered 10 years and 9 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
The same exact rights if she were not pregnant. Her pregnancy does not confer immunity from prosecution.
The same exact rights if she were not pregnant. Her pregnancy does not confer immunity from prosecution.

What can I do if my attorney did not file my lawsuit against the county for my injuries due to wrongful arrest?

Answered 10 years and 9 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
It is important for you and your attorney to discuss the reasons for the non-filing. It may be that the investigation produced evidence or results different than what you both may have contemplated whey you originally discussed this with him/her. If the failure to file was grounded in negligence, then you would have a cause of action against him or her.... Read More
It is important for you and your attorney to discuss the reasons for the non-filing. It may be that the investigation produced evidence or results... Read More

What does it mean if it says criminal information non open?

Answered 10 years and 9 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
I believe the what your are describing is an active police investigation that is not available to the public for inspection.
I believe the what your are describing is an active police investigation that is not available to the public for inspection.

Which one of contributing to the delinquency of a minor VS. Abandonment of a child will be less likely to affect my ability to gain employment?

Answered 10 years and 9 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
Neither of those is particularly appetizing. All other factors being equal, it boils down to six one way, one half dozen the other, if the punishments are the same.
Neither of those is particularly appetizing. All other factors being equal, it boils down to six one way, one half dozen the other, if the... Read More

Can I open carry a bb gun in another state if I was convicted of a felony in 2002?

Answered 10 years and 10 months ago by Jerry Daniel Herrera (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
A bb gun is not considered a firearm so aside from making cops a bit nervous.
A bb gun is not considered a firearm so aside from making cops a bit nervous.
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New Mexico