Patrick provides legeal advice in these areas:
If you are reading this you have probably been involved in an auto accident with injuries. If the other driver was at fault, that driver’s insurance company will be interested in a quick settlement and will likely contact you. It is not a good idea to sign any agreement or legal document without consulting an attorney.
If someone is arrested for a criminal offense, what does he or she have a right to expect from the arresting officer? If arrested, you can expect to be thoroughly searched for weapons, handcuffed, and taken to a police station unless the offense is a minor one like a traffic violation. If the police wish to question you about the offense, you will be advised of your rights under the United States Constitution (your “Miranda” rights); that is, you will be told that you don’t need to answer any questions about the offense, that you have the right to have a lawyer present during questioning, and that a lawyer will be appointed to assist you if you cannot afford one. If the police do not wish to question you, they are not required to give these warnings.
There are two categories of custody.
Domestic violence is any incident by a household member against another household member resulting in physical harm or severe emotional distress. This can be through bodily injury or assault, a threat causing imminent fear of bodily injury by any household member, stalking, telephone harassment, etc. Household member can be a spouse; former spouse; family member, including a relative, parent, present or former stepparent, present or former in-law, child , or a person with whom the petitioner has had a continuing personal relationship. An order of protection is a court order granted for the protection of the victim of domestic violence
Possessing most controlled substances is a felony. The common exception now is marijuana for personal use which is a misdemeanor. All drug charges are serious offenses and can result in a prison sentence. Even possession can be a serious offense. The amount possessed or presence of distribution effects, such as scales or common packaging materials, (like bindles) can result in the more serious charge of possession with intent to distribute or trafficking. The police commonly use undercover agents and confidential informants to investigate drug matters.
If you got a DUI you were probably arrested, booked and posted a bond. An exceptions could be for a blood draw and a delayed result. A DUI can issue from drugs as well as alcohol. The legal limit for blood-alcohol concentration in New Mexico is .08. Depending on body weight this can result from 2-3 drinks.
A misdemeanor can result in jail time and fines. They can result in a permanent record. While the stakes are not as high as with a felony, a misdemeanor charge should be defended with a goal toward dismissal, acquittal or charge reduction. Regardless of how the charge is resolved, efforts should include cutting losses to keep the misdemeanor off of the defendant's record. Legal fees should reflect that a misdemeanor is far less serious than a felony.
New Mexico is a community property state. The basic rule is that all earnings earned during the marriage and all property acquired during the marriage is community property and is owned equally by both spouses. This includes real property (such as a house or land), personal property (includes cars, etc.), retirement accounts, etc. This is balanced with community debt which is also shared. There are numerous exceptions to the general rule such as inheritance received by one spouse or gift given to one spouse. Also the portion of a retirement account earned prior to marriage is generally not community property. Property is usually divided on a 50/50 formula. Usually through negotiation and adjustment of property values and debts, there is a settlement agreement.