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Is New Mexico an At-Fault Insurance State.jpg

New Mexico follows a fault-based insurance system. Under this type of traditional system, which is followed by many other states, the injured party files the accident claim against the at-fault-driver’s insurer. However, our state also recognizes comparative negligence rules under NMSA § 41-3A-1, which means that the at-fault party can reduce their level of liability by a percentage if they ...

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How to Respond If You Are Falsely Accused of a Crime.png

There is nothing more frightening to face than when you are falsely accused of a crime. Not only can it unfairly damage your reputation, but it can also result in an arrest and subsequent conviction if the evidence against you convinces a jury of your peers that you are guilty beyond a reasonable doubt. Even more, some studies estimate as ...

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new-mexico-bicycle-laws.png

The favorable temperatures of New Mexico are conducive to some of the best mountain biking and road cycling year-round, even for the avid riders in the northern part of the state during the winter months. Due to the popularity of cycling in New Mexico, motorists recognize the need to share the road with non-motorized vehicles and pedestrians.

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Law enforcement can use any statements you make to them against you. When state or local police call you in for questioning, tell the officer that you want to have your criminal defense lawyer present so that you do not inadvertently make self-incriminating statements. The 6th Amendment of the U.S. Constitution and New Mexico state laws protect your rights to ...

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What to Know About a New Mexico Probation Revocation Hearing.png

When defendants are accused of violating probation, they are subject to a motion to revoke probation, and face serving jail or prison sentences. Since probationers must obey all laws and follow their conditions of probation, even minor penalties can result in a re-arrest and subsequent probation revocation and incarceration. However, you do have the right to fight your probation revocation ...

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New Mexico Tort Claims Act What Is a Tort Claim.png

DO NOT WAIT. Over the years I have seen so many people wait to file a Tort Claim after an incident. Failure to provide notice is most likely fatal to your claim for damages against a governmental entity. You MUST present a Tort Claim Notices to the governmental entity within ninety (90) days of your accident. It should provide a ...

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How to Defend DWI-DUI Charges in New Mexico.png

If you are reading this article, it is probable that you or a family member are likely facing DWI/DUI charges and want more information regarding how to defend against them. Here is the truth: DWI/DUI charges are defensible depending upon the facts and circumstances of your case. I must emphasize that every case is different and must be assessed on ...

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What Are Conspiracy Charges.png

Conspiracy charges fall under a set of statutes known as initiatory crimes. Essentially, you are facing the same criminal penalties as the individual being charged for the committing the crime. For example, conspiracy murder charges mean that you through words or acts agreed that the crime would be committed and that you intended for it to occur. Regardless of whether ...

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can-you-file-a-lawsuit-for-injuries-caused-by-poor-lighting.png

Business owners and governmental entities must provide a safe, hazard-free environment for third-party visitors, which includes adequate lighting for visitors. Poor lighting can make it exceedingly difficult to see and navigate our way around unfamiliar areas, like a store or movie theater.

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What Evidence Do You Need to Prove a Car Accident Injury.png

Evidence is one vital aspect of proving a car accident injury case. However, some specific rules and laws apply to the admissibility and discoverability of evidence. While these rules can protect you, you can also inadvertently harm your claim or lawsuit by not understanding their applicability. Always seek legal advice from a New Mexico car accident injury attorney first to ...

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