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LawBlog505.com http://lawblog505.com New Mexico's Legal News Source Wed, 28 Sep 2011 09:01:59 +0000 en-US hourly 1 http://wordpress.org/?v=3.4.2 Albuquerque Domestic Violence Restraining Orders http://lawblog505.com/2011/09/albuquerque-domestic-violence-restraining-orders/ http://lawblog505.com/2011/09/albuquerque-domestic-violence-restraining-orders/#comments Wed, 28 Sep 2011 09:00:42 +0000 LB505 http://lawblog505.com/?p=830
  • Are you currently in a relationship where you or your children are being physically and/or mentally hurt, abused, or threatened?
    • Have you been the victim of physical violence? Have you been seriously threatened? Has somebody threatened to kill you? Are you in fear for your safety? Do you need to get a restraining order to help protect yourself, or your children?
    • Have you just been served with a restraining order? Are you being unjustly or falsely accused of domestic violence or abuse? Are you worried about losing your job as a result? Worried about what’s going to happen to your children? Have you been kicked out of the house? Have you been arrested by the police?

    If you’re looking for an Experienced Albuquerque Domestic Violence Restraining Order Attorney with a proven history of success,  R. Don Lohbeck at Lawyers505.com can assist you. Call him today at (505) 888-5200.

    If you live in Albuquerque, Rio Rancho, Santa Fe, Los Alamos, Las Vegas, Edgewood, Los Lunas, Belen, Socorro, or the surrounding area, Lawyers505.com offers free consultations, same-day appointments, reasonable fees, and payment plans.

    Domestic Violence Restraining Order Law, and How These Cases Work

    If you are the victim of domestic violence or abuse, you have the right to get a Restraining Order to protect you and your family. In New Mexico, restraining orders are officially referred to as Orders of Protection.

    Domestic violence is a crime in all 50 states. There are many forms of domestic abuse. Sometimes the victim is an adult, sometimes it’s the children, and often it’s both. Examples of abuse include unwanted touching or hitting, punching, slapping, pushing, shoving, or pulling hair. Sometimes it involves threatened physical injury, serious bodily harm, or even death.

    If you or your children have been subject to domestic violence or abuse, in any form, R. Don Lohbeck at Lawyers505.com is committed to helping you stop the abuse and protect your family.

    We understand the serious emotional harm and trauma that violence and abusive behavior can cause. We can get restraining orders and seek other protections to help insure that you and your children are safe from harm.

    In these cases, you only have one chance to get it right. Don’t try to do this alone.

    In these cases, it’s important that the Petition for Order of Protection is filled out correctly, that the proper information is included, and that the other side be served timely and correctly, consistent with the court’s rules.

    But we also recognize that restraining orders are sometimes brought by people for the wrong reasons. We have represented a lot of people, both men and women, who have been unjustly and falsely accused of domestic violence or abuse. When we believe this is the case, we work overtime to make sure that people are treated fairly and that unjustly brought restraining orders are dismissed.

    Restraining order cases are complex. The hearings are typically scheduled within a week or two, which means that there usually isn’t a lot of time to prepare. That’s why it’s important to hire an Experienced Albuquerque Domestic Violence Restraining Order Lawyer like R. Don Lohbeck at Lawyers505.com who has successfully handled these kinds of cases before.

    The evidence at the court hearing must be presented correctly. All of the Court’s Rules of Civil Procedure and the Rules of Evidence must be strictly followed. You cannot, for example, just walk-in with letters or even sworn statements from witnesses. This kind of evidence is usually not admissible under the rules. Experience demonstrates that if you try to do this without a lawyer, you stand a very good chance of losing the case.

    Smart, Aggressive, Experienced Legal Representation. Guaranteed.

    You only have one chance to get it right. The consequences of losing a restraining order case can be serious and significant. It can put you at an increased risk of harm, it can affect your right to go home, your right to see your children, your access to your property, your job, and your future employment prospects. When you hire R. Don Lohbeck at Lawyers505.com, he’ll provide you with knowledgeable, experienced representation worthy of your trust.

    In a Domestic Violence Restraining Order Case, there’s a lot at stake: including your relationships, children, property, ability to make a living, ability to get a job, right to raise your children, and even your freedom. And in most cases, you only have one chance to get it right.

    You need a sharp, articulate, energetic lawyer who will strategically advance your case through the court system. One who knows people, knows the law, knows the rules of procedure, knows the rules of evidence, knows what documents must be prepared and filed in Court, knows how to properly organize and present your case, knows how to intelligently argue the law, knows the judges, and knows the court system. One who cares about and is totally committed to you. One who understands and appreciates what’s at stake for you. A reliable, dedicated professional you can trust to fight for you, and get you the results you need.

    Anyone who’s ever hired an attorney will tell you that the lawyer you choose to represent and speak for you in Court makes all the difference in the world. Make no mistake: the quality of your lawyer will affect the outcome of your case.

    Call us. Let’s sit down and talk about your situation. We’ll listen, go through the applicable law, discuss legal process, and explain your legal rights and options. We’ll help you make better decisions for you and your family.

    R. Don Lohbeck at Lawyers505.com has been doing this for a long time. With over 25 years of courtroom trial experience, he can help.  Call him at (505) 888-5200. He knows what it takes to win.

    L A W Y E R   A D V E R T I S E M E N T

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    American Justice: JP Morgan Chase Bank Avoids Criminal Prosecution by Paying $88 Million in Fines for Violation of Bank Laws http://lawblog505.com/2011/08/american-justice-jp-morgan-chase-bank-avoids-criminal-prosecution-by-paying-88-million-in-fines-for-violation-of-bank-laws/ http://lawblog505.com/2011/08/american-justice-jp-morgan-chase-bank-avoids-criminal-prosecution-by-paying-88-million-in-fines-for-violation-of-bank-laws/#comments Sun, 28 Aug 2011 22:00:42 +0000 LB505 http://lawblog505.com/?p=746 J.P. Morgan Chase Bank has agreed to pay $88 million to settle charges of sanction violations. The settlement with the US Treasury Department concerns a series of transactions involving Cuba, Iran, and Sudan. According to the US Treasury Department’s Office of Foreign Assets Control, J.P. Morgan processed a total of $178.5 million in 2005 and 2006 for Cuban nationals, violating US embargo laws.

    The company discovered the illegal transactions in 2005 after it was tipped off by another financial institution, but failed to report the crimes and take proper action to prevent further illegality. The bank was also fined for loaning $2.9 million in 2009 to a bank with ties to the Iranian government. A third incident involved the bank’s failure, and 2010 and 2011, to produce documents regarding a wire transfer to Khartoum, the capital of Sudan. Bank officials were aware of every single one of these illegal transactions, and failed to inform regulators.

    Despite these repeated illegalities, not a single bank official was criminally prosecuted, and no one went to jail. The bank was permitted to resolve the matter by simply paying a fine representing a small fraction of its daily profits.

    Read more: http://www.koat.com/money/28977788/detail.html#.Tlc_bhLAesQ.twitter

    If you live in Albuquerque, Santa Fe, Rio Rancho, Los Lunas, or the surrounding area, and you’d like to talk to a Smart Aggressive Experienced New Mexico Attorney about your situation, to explain the applicable law, the legal process, and your legal rights and options, Lawyers505.com offers free consultations, same-day appointments, reasonable fees, and payment plans. In personal injury and medical malpractice cases, there’s no legal fee until you win your case.

    You have a lot at stake. You need the right lawyer.

    Call them today at (505) 888-5200. With 25 years of courtroom trial experience, they can help you get the results you need. Guaranteed.

    L A W Y E R   A D V E R T I S E M E N T

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    The Child Custody, Timesharing, and Visitation Process http://lawblog505.com/2011/08/the-child-custody-timesharing-and-visitation-process/ http://lawblog505.com/2011/08/the-child-custody-timesharing-and-visitation-process/#comments Sun, 28 Aug 2011 06:36:25 +0000 LB505 http://lawblog505.com/?p=689 Your right to have a relationship with and raise your child according to your own goals, morals, beliefs, values, philosophy, traditions, customs, and personal standards is one of the most important things there is in life. The United States Constitution recognizes this as a Fundamental Constitutional Right that the government can only modify, regulate, and/or interfere with in very limited circumstances.

    As a general matter, if both the mother and father agree with respect to what they want to do regarding child custody and timesharing, the courts will respect and implement that decision.

    But if there is no agreement, and the parties cannot agree, and there is conflict, the courts will then get involved to balance those constitutional rights (mother’s and father’s), try to assure fairness, and take into account the best interests of the child.

    The legal standard that the courts apply in determining matters regarding child custody and timesharing is known as the “best interest of the child” standard. Of course, together with this, the courts will factor in the best interests of the mother and father as well.

    As a general matter, New Mexico courts favor joint legal custody and shared physical responsibility of the child. There are specific state legal statutes that govern this. In most situations, the courts will order joint legal custody unless there are very good reasons to do something different. Sole legal custody in New Mexico is rare. It can happen, in certain circumstances, but the courts are going to require very good reasons to deviate from what it normally does, and from what the statute requires.

    A parent with joint legal custody has the right, power, and authority to know about, be involved with, and be a part of the decision-making process regarding all of the “major life activities” of the child, including medical care, education, residence, major recreational activities, religious affiliations and activities, etc.

    Joint legal custody means that one parent cannot make unilateral decisions regarding any of these issues. Both parents have a right to be involved and have input, and they must agree. In the event of disagreement, the matter is usually then left to the courts to decide.

    Shared physical responsibility of the child means that both parties have a right to see, raise, and have a clost, loving, positive relationship with their child. Again, the mother and father can generally agree to virtually any timesharing arrangement and schedule they want.

    But if they can’t agree, the court will then get involved and ultimately decide specific days and times and places etc. regarding timesharing and visitation. The courts don’t like to do this. They courts would rather see the parents reach their own agreement. But if they can’t, the court will step in.

    In making these determinations, the court will consider and factor in what each of the parents want, what is in the best interest of the child, where the parties each live, where they work, their work schedules, and the child’s school and other schedules. All of this is for the purpose of putting together a formal written parenting plan that works for everybody.

    If the child is mature enough, the court will also listen to what the child wants, but this is never conclusive. At most, it will be just one of many factors that the court will consider. The child is, after all, a minor, and is not entitled to make these kinds of decisions. Some judges will give more weight to this than others.

    Factors that can affect child custody and timesharing include the needs of the child, as well as the desire, capacity, and ability of the parents to properly care for and raise the child.

    In making these determinations, the courts look at a number of factors that relate to and may impact this, including the age, maturity, and medical condition of the children, the parent’s education, employment, residential stability, psychological stability, medical and/or other disabilities, maturity, judgment, instances of domestic violence, history of criminal conduct, abuse of alcohol, and use of illegal drugs or narcotics.

    In Bernalillo County, the courts frequently refer matters regarding child custody and timesharing to the Court Clinic, which is an office at the Second Judicial District Court. The Court Clinic provides a variety of services to assist the court in making determinations regarding child custody and timesharing. These services include mediation, priority consultations, advisory consultations, and other related services. Essentially, the Court Clinic acts in an advisory capacity to provide recommendations to the judge regarding child custody and timesharing issues whenever the mother and father are not able to reach agreement. These recommendations are sometimes, but not always, adopted by the court.

    In a situation where the Court Clinic makes recommendations to the judge that one party does not agree with, that party is required to file specific written objections to those recommendations. Strict deadlines apply. The court will then schedule a formal hearing to hear evidence from both sides, both in favor of the recommendations and against them. Both sides have the right to call witnesses, present evidence, documents, records, reports, and other material relevant to the determination. The court then makes the final decision.

    In Santa Fe County, the First Judicial District Court has an office called Court Services which essentially provides the same services as Bernalillo County’s Court Clinic.

    In some instances, we may recommend to you that we retain our own expert witness, usually a child psychologist or other professional, in order to conduct a formal custody evaluation. This is not required, and it is rare, but in certain circumstances may be advisable. When we meet, we can advise you regarding all of the pros and cons of this process.

    At Lawyers505.com, we will work with you to determine and implement your child custody and timesharing goals. We know your children are very important to you and we want to make sure that your rights to raise your children are respected and not unfairly interfered with.

    Above all, and perhaps most important, don’t try to do this alone. As we sometimes tell our clients, you can try to design, build, and fly your own airplane too, if you wanted. But we don’t recommend it.

    Your relationship with your children is the most important thing in the world. You need the right lawyer on your side.

    If you’re concerned about your children, and need to know your rights regarding child custody, timesharing, visitation, or support, or need to change an existing court order or need to enforce one, we recommend you talk to an Experienced New Mexico Child Custody Lawyer immediately to discuss your situation and explain the applicable law.

    Your relationship with your children is the most important thing in the world. It’s too important to try to do this alone. Some mistakes can’t be fixed later.

    You have a lot at stake. You need the right lawyer.

    Remember: The lawyer you choose to represent you in court makes all the difference. The quality of your lawyer will affect the outcome of your case.

    If you live in Albuquerque, Santa Fe, Rio Rancho, Los Lunas, or the surrounding area, Lawyers505.com offers free consultations, same-day appointments, reasonable fees, and payment plans.

    Call them today at (505) 888-5200. With 25 years of courtroom trial experience, they can help you get the results you need. Guaranteed.

    L A W Y E R   A D V E R T I S E M E N T

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    The Divorce Process http://lawblog505.com/2011/08/the-divorce-process/ http://lawblog505.com/2011/08/the-divorce-process/#comments Sun, 28 Aug 2011 06:29:38 +0000 LB505 http://lawblog505.com/?p=687 New Mexico has what’s called “no fault” divorce, which means that with respect to dividing up the marital property and debts, this is done without regard to fault. In other words, the reasons behind the divorce (abuse, abandonment, adultery, cruelty, incompatibility, etc.) are essentially irrelevant. These “fault” issues might be important with respect to child custody and timesharing issues, but they don’t factor in to the division of property and debt.

    New Mexico is a community property state, which means that all of the marital property and debts are divided up equally between husband and wife. Community property is defined as all property that you or your spouse have bought or accumulated during the marriage. Community debts are those that have been incurred by either spouse during the marriage. But there are certain legal exceptions to this that can be important.

    For example, any property that you received during the marriage through gift or inheritance is usually classified as the separate property of the person who received it. Any debts that were incurred during the marriage that were primarily for the sole benefit of one of the parties, or if it involved wasteful or improper conduct of some kind, such as gambling, drugs, or abuse of alcohol, could be classified as separate and belonging to the person who ran up that debt. But there are a lot of exceptions to the rule, and exceptions to those exceptions.

    Separate property and debts, on the other hand, are typically property or debts that one person already had before the marriage. In the event of divorce, that separate property or debt usually remains with that person. But again, there are many exceptions to this rule. Knowing those exceptions, and when and how they might apply in your particular case, is your lawyer’s job.

    Sometimes determining the true value of certain assets, such as ongoing businesses or retirement contracts or pensions, can be complicated. In those situations, we work closely with business and asset valuation professionals such as accountants, appraisers, and other financial professionals to protect your rights, and to make sure it gets done right.

    Prenuptial or post-marital agreements can sometimes affect whether or not certain property or debts are classified as either community or separate. If there is such a document, it needs to be reviewed and analyzed, in order to determine whether or not that document is legally effective and what impact it might have on the case. This is a complex analysis that must be done by a professional.

    Other issues that can become important in a divorce include what is called “co-mingling of assets”, which is a situation where marital property and separate property were mixed together during the marriage. This can sometimes have the effect of converting what would otherwise be one person’s separate property into marital property belonging to both, which would then be subject to equitable division between the parties during a divorce case.  The laws that the court applies in determining whether or not co-mingling occurred are highly complex and subject to differing interpretations depending upon the circumstances. Having a smart, experienced lawyer can make a huge difference in the outcome of your case.

    Other matters that often come up in divorce cases include the temporary or interim division of marital property, income, and debts while the case is pending. This is to make sure that all of the major monthly fixed expenses are being paid (such as mortgages, rent, car payments, insurance, utilities, etc.), and that both husband and wife have sufficient income to get through the process.

    If you have children, all child custody, timesharing, visitation, and child support issues will also be handled in connection with your divorce case.

    If the parties have children, the divorce court will also issue temporary or interim orders regarding child custody, timesharing, and support. The legal standard that the courts apply is the “best interests of the children” and those of the parties. Usually these temporary orders get done at the same court hearing as the one dealing with property income and debts, but not always. Different courts and different judges do this different ways.

    Sometimes alimony or spousal support is an issue in divorce. Depending upon the length of your marriage, the health and educational levels of the parties, the financial condition of the parties, the needs of each, the couple’s standard of living during the marriage, the age of the parties, and the earnings capacities of both husband and wife, alimony might be proper. It can be temporary, permanent, or transitional in nature, depending on the circumstances. The New Mexico Supreme Court has established certain alimony guidelines which can be helpful to review, but are not currently binding on the court. Some judges tend to follow them more than others.

    Other things that go on during the course of a divorce proceeding include Formal Discovery, which is the legal process of identifying and collecting all of the documents, records, and information regarding the parties’ separate and community property and debts, and their income. It can also include, if the parties have children, important relevant information regarding the children, such as daycare records, school records, medical and/or counseling records, and other records. Lawyers have several important tools available to them to do this, including written interrogatories, document requests, requests for admission, third party subpoenas, physical inspections, medical and/or mental evaluations, and depositions under oath.

    Formal Motions are the process by which an attorney requests the court to take certain action or do some particular thing regarding the case. The courts require that these Motions be presented in a specific and particular format, and there are strict time deadlines that apply. They generally must be in writing and must be filed with the Court. The other side has a right to notice and a right to respond to the Motion.

    There are many different kinds of Motions that can be presented to the court, almost an infinite variety, but they generally pertain to matters related to property, debts, income, stopping somebody from doing something, forcing somebody to do something, selling the house, disposing of assets, getting counseling for the kids, daycare needs of the children, medical issues, requesting formal custody evaluations, appointing a guardian ad litem for the children, etc.

    Formal Motions, and associated pleadings and hearings, can be costly and time-consuming, and should be avoided whenever possible. That’s why experienced lawyers, in order to reduce conflict and minimize expense for their clients, will first attempt to resolve problems, disagreements, and issues with the other side by negotiation and stipulated order.

    Matters are generally only submitted to the court by formal written Motion as a last resort and will result in a hearing before the judge for final resolution.

    If you’re thinking about filing for divorce, have been served with court papers, or are in the middle of divorce proceedings in court right now, we recommend you consult with an attorney immediately to discuss your situation, explain the applicable law, and advise you of your rights. Don’t make the mistake of trying to do this alone because once it’s done, it’s done. Some mistakes can’t be fixed later.

    You have a lot at stake. You need the right lawyer.

    You need a Smart Aggressive Experienced New Mexico Divorce Lawyer that’s committed to you. An attorney who will fight to protect your rights, protect your property, and protect your children.

    Remember: The lawyer you choose to represent you in court makes all the difference. The quality of your lawyer will affect the outcome of your case.

    If you live in Albuquerque, Santa Fe, Rio Rancho, Los Lunas, or the surrounding area, Lawyers505.com offers free consultations, same-day appointments, reasonable fees, and payment plans.

    Call them today at (505) 888-5200. With 25 years of courtroom trial experience, they can help you get the results you need. Guaranteed.

    L A W Y E R   A D V E R T I S E M E N T

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    Boston Catholic Church Releases Only a Partial List of Priests Accused of Sexual Abuse; Names of 91 Other Priests Kept Hidden http://lawblog505.com/2011/08/boston-catholic-church-releases-list-of-priests-accused-of-sexual-abuse/ http://lawblog505.com/2011/08/boston-catholic-church-releases-list-of-priests-accused-of-sexual-abuse/#comments Thu, 25 Aug 2011 21:37:31 +0000 LB505 http://lawblog505.com/?p=552 Since 1950, 248 priests and two deacons of the Catholic Archdiocese of Boston have been accused of child sexual abuse. Cardinal Sean O’Malley of Boston recently released the names of 159 of those priests, but curiously left 91 names off the list.

    The Catholic Church has been criticized by many for its decades-long and continuing efforts to cover up these crimes and protect pedophile priests and other church officials.

    O’Malley’s latest effort at transparency is not enough for some residents, including Stephen Clifford, who was allegedly abused by a Catholic priest while growing up in the Boston area. “I know that they know what this priest did to me,” Clifford said. “And the fact that he’s not on this list really makes me wonder, ‘Gosh, how many more are there like him that should be on the list, who aren’t?’

    Clifford’s abuser is now dead, but, as with so many other child victims, the scars left behind resulting from the abuse remain with him to this day.

    Read more: http://www.npr.org/2011/08/25/139956320/boston-church-releases-list-of-accused-priests?sc=tw&cc=share

    If you live in Albuquerque, Santa Fe, Rio Rancho, Los Lunas, or the surrounding area, and you’d like to talk to a Smart Aggressive Experienced New Mexico Attorney about your situation, to explain the applicable law, the legal process, and your legal rights and options, Lawyers505.com offers free consultations, same-day appointments, reasonable fees, and payment plans. In personal injury and medical malpractice cases, there’s no legal fee until you win your case.

    You have a lot at stake. You need the right lawyer.

    Call them today at (505) 888-5200. With 25 years of courtroom trial experience, they can help you get the results you need. Guaranteed.

    L A W Y E R   A D V E R T I S E M E N T

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    Albuquerque Prosecutor Files Motion To Keep Repeat Property Crime Offender in Jail; Claims He’s a Danger to the Community http://lawblog505.com/2011/08/albuquerque-da-files-motion-to-keep-repeat-property-crime-offender-in-jail/ http://lawblog505.com/2011/08/albuquerque-da-files-motion-to-keep-repeat-property-crime-offender-in-jail/#comments Thu, 25 Aug 2011 21:09:28 +0000 LB505 http://lawblog505.com/?p=545 One of Albuquerque’s top property theft criminals is out of jail and enjoying his punishment from the comfort of his own home. Justin Virgins, who pleaded guilty to dozens of crimes, including one where he ran over a police officer while fleeing a crime scene, is now under the “strict” supervision of an ankle bracelet.

    District Attorney Kari Brandenburg claims she was unaware that Virgin was out on the street. And she’s not happy about it.

    Read more: http://www.koat.com/news/28981337/detail.html – .TldAr5jHn0s.twitter

    If you, or a loved one, are currently facing felony or misdemeanor criminal charges, you need to retain experienced legal counsel immediately to discuss your situation, explain the applicable law, review the legal process, and advise you of your rights. Don’t delay.

    You have a lot at stake. You need the right lawyer.

    You need a Smart Aggressive Experienced New Mexico Criminal Defense Attorney you can trust to fight for you, with a proven history of success. Someone who knows what it takes to win. You need a former Special Assistant Attorney General, former attorney for the New Mexico State Police, the Bernalillo County Sheriff’s Department, and the Santa Fe Police Department, who knows the law, knows the rules, knows the players, and knows the system.

    Just because the police said it happened, doesn’t mean it happened. Lawyers505.com will get to the truth.

    Remember: The lawyer you choose to represent you in court makes all the difference. The quality of your lawyer will affect the outcome of your case.

    If you live in Albuquerque, Santa Fe, Rio Rancho, Los Lunas, or the surrounding area, Lawyers505.com offers free consultations, same-day appointments, reasonable fees, and payment plans.

    Call them today at (505) 888-5200. With 25 years of courtroom trial experience, they’ll fight for you in court, protect your rights, and defend your freedom. Guaranteed.

    L A W Y E R   A D V E R T I S E M E N T

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    Las Cruces Police, FBI, and ICE Investigate Las Cruces Massage Parlors http://lawblog505.com/2011/08/police-and-fbi-investigates-las-cruces-massage-parlors/ http://lawblog505.com/2011/08/police-and-fbi-investigates-las-cruces-massage-parlors/#comments Thu, 25 Aug 2011 16:29:31 +0000 LB505 http://lawblog505.com/?p=589 Illegal sexual services may be taking place in massage parlors down in Las Cruces, New Mexico. Possible illegality may include prostitution, money laundering of illegal drug profits, and immigration violations.

    The Federal Bureau of Investigation (FBI), Las Cruces Police, and Immigration and Customs Enforcement (ICE) initiated search warrants for two massage parlors on Wednesday Augugst 24, 2011. Reports indicate that the investigation has been going on since April of this year.

    For the full story: http://www.kob.com/article/stories/S2255662.shtml

    If you, or a loved one, are currently facing felony or misdemeanor criminal charges, you need to retain experienced legal counsel immediately to discuss your situation, explain the applicable law, review the legal process, and advise you of your rights. Don’t delay.

    You have a lot at stake. You need the right lawyer.

    You need a Smart Aggressive Experienced New Mexico Criminal Defense Attorney you can trust to fight for you, with a proven history of success. Someone who knows what it takes to win. You need a former Special Assistant Attorney General, former attorney for the New Mexico State Police, the Bernalillo County Sheriff’s Department, and the Santa Fe Police Department, who knows the law, knows the rules, knows the players, and knows the system.

    Just because the police said it happened, doesn’t mean it happened. Lawyers505.com will get to the truth.

    Remember: The lawyer you choose to represent you in court makes all the difference. The quality of your lawyer will affect the outcome of your case.

    If you live in Albuquerque, Santa Fe, Rio Rancho, Los Lunas, or the surrounding area, Lawyers505.com offers free consultations, same-day appointments, reasonable fees, and payment plans.

    Call them today at (505) 888-5200. With 25 years of courtroom trial experience, they’ll fight for you in court, protect your rights, and defend your freedom. Guaranteed.

    L A W Y E R   A D V E R T I S E M E N T

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    Carlsbad Husband Sentenced To 20 Years For Beating, Stabbing Ex-Wife http://lawblog505.com/2011/08/carlsbad-husband-sentenced-to-20-years-for-beating-stabbing-ex-wife/ http://lawblog505.com/2011/08/carlsbad-husband-sentenced-to-20-years-for-beating-stabbing-ex-wife/#comments Thu, 25 Aug 2011 16:02:55 +0000 LB505 http://lawblog505.com/?p=584 Jerry W. Phillips, 42, was sentenced to 20 years in prison for stabbing and beating his ex-wife Jennifer Sanford. Phillips stabbed his wife in the thigh with a sharp tool during an argument in May 2010.

    Read more: http://www.krqe.com/dpp/news/crime/carlsbad-husband-sentenced-to-20-years

    If you’re the victim of domestic violence, and need to protect yourself or your children with a restraining order… or you’ve been served with a restraining order and are being wrongfully or falsely accused… we recommend you consult with an Experienced New Mexico Domestic Violence Attorney immediately to explain the applicable law, discuss your situation, and to advise you of your rights.

    You only have one chance to get it right. Don’t try to do this alone. The consequences of losing an order of protection case can be significant. It can affect your rights to go home, see your kids, your employment, your ability to get a job in the future, and your freedom.

    You have a lot at stake. You need the right lawyer.

    You need a smart, aggressive, experienced lawyer who knows this area of the law, knows the special court and evidence rules that apply to these cases, and who will aggressively stand up and fight for you in court.

    Remember: The lawyer you choose to represent you in court makes all the difference. The quality of your lawyer will affect the outcome of your case.

    If you live in Albuquerque, Santa Fe, Rio Rancho, Los Lunas, or the surrounding area, Lawyers505.com offers free consultations, same-day appointments, reasonable fees, and payment plans.

    Call them today at (505) 888-5200. With 25 years of courtroom trial experience, they can help you get the results you need. Guaranteed.

    L A W Y E R   A D V E R T I S E M E N T

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    Man Claims He Was Left Nearly Blind After Severe Police Beating http://lawblog505.com/2011/08/man-claims-he-was-left-nearly-blind-after-police-beating/ http://lawblog505.com/2011/08/man-claims-he-was-left-nearly-blind-after-police-beating/#comments Thu, 25 Aug 2011 14:53:51 +0000 LB505 http://lawblog505.com/?p=572 The El Monte Police Department in California is under investigation for allegedly beating a suspect so severely that he was left nearly blind. According to attorney Brad Gage, Cornelio David Chavez endured a violent ten-minute beating by six El Monte police officers.

    “The beating was so loud that neighbors outside could hear the blows being inflicted and hear the cries for help,” Gage said. “Virtually every bone in his face was broken.”

    The incident began when police went to the home of Chavez’s mother to arrest him on outstanding warrants. The arrest became hostile when, according to police, Chavez, who appeared to be under the influence, jumped out of a closet and attacked a police officer.

    This investigation into the actions of these police officers comes as investigators are looking at another Southern California police department for alleged police brutality and misconduct.

    Read more: http://www.huffingtonpost.com/2011/08/25/cornelio-david-chavez-cla_n_937117.html?ref=tw

    If you or a loved one’s constitutional rights have been violated by the police, or you’ve been hurt, injured, or damaged due to police brutality, excessive force, abuse, or misconduct, we recommend you consult with a Smart Aggressive Experienced New Mexico Excessive Force and Police Brutality Attorney immediately to discuss your situation, explain the applicable law, and advise you of your rights. Don’t delay. Strict time deadlines apply to every case.

    You need an attorney on your side with a proven history of success. Someone who knows what it takes to win. A lawyer you can trust to fight for you. You need a former Special Assistant Attorney General, former attorney for the New Mexico State Police, the Bernalillo County Sheriff’s Department, and the Santa Fe Police Department, who knows the law, knows the rules, knows the players, and knows the system. You need a tough lawyer who has represented police departments and police officers in fatal and non-fatal shooting cases before, and knows what some police officers do when they think no one’s looking, and how they try to hide and cover up their misconduct.

    Just because the police said it happened, doesn’t mean it happened. Lawyers505.com will get to the truth.

    Remember: The lawyer you choose to represent you in court makes all the difference. The quality of your lawyer will affect the outcome of your case.

    If you live in Albuquerque, Santa Fe, Rio Rancho, Los Lunas, or the surrounding area, Lawyers505.com offers free consultations, same-day appointments, reasonable fees, and payment plans.

    Call them today at (505) 888-5200. With 25 years of courtroom trial experience, they’ll fight for you in court, protect your rights, and defend your freedom. Guaranteed.

    L A W Y E R   A D V E R T I S E M E N T

     

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    Child Kinship Guardianship http://lawblog505.com/2011/08/child-kinship-guardianship/ http://lawblog505.com/2011/08/child-kinship-guardianship/#comments Sat, 20 Aug 2011 07:17:55 +0000 LB505 http://lawblog505.com/?p=706 Child kinship guardianship cases are situations where someone, usually a grandparent, brother, sister, aunt, uncle, or even a close friend of the parent of the child is seeking formal court approval to obtain custody of a young child because that child’s parents are either unwilling or unable to do so. This type of guardianship can be temporary for some set period of time, or it can be for an indefinite period of time.

    These cases often arise in situations where a parent has been arrested and charged with criminal child neglect, abuse, or molestation. They also commonly arise in situations where the New Mexico Children Youth and Families Department, Child Protective Services Division has obtained court orders to remove children from the custody of a neglectful or abusive parent.

    In some situations, the child’s parents are agreeable to the guardianship, and in other cases they may be against it. Regardless of the situation, we can help.

    New Mexico has very specific laws that govern how these guardianship cases must be done. There are strict notice requirements, court procedures, and time deadlines that apply. An experienced attorney can advise of your legal rights in this regard, and assist you in court to make sure this gets done right.

    Are you in a situation where you need to obtain either temporary or indefinite guardianship of your grandchildren because the child’s parents are either unwilling or unable to properly care for your grandchild? Do you need to go to court to try to protect your grandchild or your niece or nephew from harm? Do you have grandchildren whose parents are deceased, incarcerated, facing serious criminal charges, or have a serious drug or alcohol problem? Are you in a situation where one of your parents, or someone else, is wrongfully and illegitimately trying to take your child away from you by trying to use the child guardianship process?

    If you’re concerned about your grandchildren, or your nieces or nephews, and need to know your rights regarding child kinship guardianship, we recommend you talk to an Experienced New Mexico Child Kinship Guardianship Lawyer immediately to discuss your situation and explain the applicable law.

    These cases are complex. It’s too important to try to do this alone. Some mistakes can’t be fixed later. We can advise and assist you in connection with this process. We can prepare the necessary documents, put together all of the relevant and important evidence to support your rights, and take the matter to court if necessary.

    You have a lot at stake. You need the right lawyer.

    Remember: The lawyer you choose to represent you in court makes all the difference. The quality of your lawyer will affect the outcome of your case.

    If you live in Albuquerque, Santa Fe, Rio Rancho, Los Lunas, or the surrounding area, Lawyers505.com offers free consultations, same-day appointments, reasonable fees, and payment plans.

    Call them today at (505) 888-5200. With 25 years of courtroom trial experience, they can help you get the results you need. Guaranteed.

    L A W Y E R   A D V E R T I S E M E N T

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    Grandparent Visitation http://lawblog505.com/2011/08/grandparent-visitation/ http://lawblog505.com/2011/08/grandparent-visitation/#comments Thu, 18 Aug 2011 07:02:52 +0000 LB505 http://lawblog505.com/?p=700 The State of New Mexico has very specific statutes governing grandparent visitation. Both the New Mexico Supreme Court and the Supreme Court of the United States have issued numerous and detailed opinions regarding grandparent visitation rights, the interplay between them and parental rights, and the court procedures that must be followed in connection with these cases.

    In New Mexico, grandparents may be awarded visitation with their grandchildren during, in connection with, or after a divorce proceeding.  New Mexico law lists several factors that can affect these determinations:

    • The best interests of the child.
    • Prior grandparent-child interaction.
    • Prior interaction between the grandparent and each parent of the child.
    • The present relationship between the grandparent and each parent of the child.
    • Any time-sharing or visitation arrangements already in place.
    • The positive or negative effect the visitation will have on the child.
    • If the grandparent has any prior criminal convictions for physical, emotional or sexual abuse or neglect.
    • If the grandparent has been the child’s full-time caretaker for a significant period.

    Grandparents can play a very important role in their grandchildren’s upbringing. It can often be devastating for children to lose contact and interaction with their grandparents after a divorce or breakup.

    Are you being denied the right and opportunity to see, visit, and nurture a loving, positive relationship with your grandchildren? If you’re concerned about your grandchildren, and need to know your rights regarding timesharing or visitation, we recommend you talk to an Experienced New Mexico Grandparent Visitation Lawyer immediately to discuss your situation and explain the applicable law.

    Your relationship with your grandchildren is one of the most important things in the world. It’s too important to try to do this alone. Some mistakes can’t be fixed later. We can advise and assist you in connection with this process. We can prepare the necessary documents, put together all of the relevant and important evidence to support your rights, and take the matter to court if necessary.

    You have a lot at stake. You need the right lawyer.

    Remember: The lawyer you choose to represent you in court makes all the difference. The quality of your lawyer will affect the outcome of your case.

    If you live in Albuquerque, Santa Fe, Rio Rancho, Los Lunas, or the surrounding area, Lawyers505.com offers free consultations, same-day appointments, reasonable fees, and payment plans.

    Call them today at (505) 888-5200. With 25 years of courtroom trial experience, they can help you get the results you need. Guaranteed.

    L A W Y E R   A D V E R T I S E M E N T

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    The Child Support Process http://lawblog505.com/2011/08/the-child-support-process/ http://lawblog505.com/2011/08/the-child-support-process/#comments Mon, 08 Aug 2011 06:48:40 +0000 LB505 http://lawblog505.com/?p=695 In New Mexico, child-support matters are fairly straightforward. Most matters can be handled in one hearing. However, in situations where child-support is claimed to be owed over a long period of time, where there are a lot of financial and other documents involved, where there complicated evidence issues, where somebody’s driver’s license has been suspended, or where one or both of the parties are self-employed, we strongly recommend that you hire legal counsel to assist you.

    In order to calculate the child-support owing, the courts require the parties to prepare child-support worksheets which take into account the number of children, the number of days per year that the child lives with each parent, the gross monthly income of each parent, any work-related daycare expenses regarding the child, the costs of medical and dental insurance regarding the child. There is also a provision to include extraordinary expenses regarding the child, but the inclusion of these expenses is rare.

    New Mexico child support guidelines are then applied to the information on the worksheet in order to determine the child support each parent is responsible to pay. Under New Mexico law it is possible to deviate from the child-support guidelines amount in cases of extreme hardship, or other unusual circumstances.

    Child support in New Mexico generally continues from the time of the child’s birth until the child reaches the age of 18 or graduates from high school, whichever comes first. However, if the child is handicapped or has some other condition that can affect the child’s ability to seek and obtain and maintain employment, such as cerebral palsy or autism, child support and continue indefinitely into adulthood.

    In most cases, child-support orders include an automatic wage withholding provision to facilitate the payment through the New Mexico Child Support Enforcement Division. We recommend to our clients that they always pay child support by check so that in the event there is later a dispute regarding payment, it is easier to prove. We do not recommend that our clients ever pay child support by money order or cash.

    If a parent has the ability to pay, but nevertheless fails to pay child support as ordered by the court, the consequences can include driver’s license suspension, bank account garnishment, and state and federal tax refund intercepts.

    In certain circumstances where a parent has been laid off and been unable to obtain full-time employment, we can often assist in obtaining a temporary reduction in the amount of child support due.

    If you need to file a child support case to begin collecting child support from the father of your child, or if you’ve recently received notice from the New Mexico Child Support Enforcement Division regarding child support that they claim you owe, or if you’re having trouble collecting child support even though there is already an existing child support order, we recommend you consult with an attorney immediately to discuss your situation, explain the applicable law, and advise you of your rights. Don’t make the mistake of trying to do this alone because once it’s done, it’s done. Some mistakes can’t be fixed later.

    You have a lot at stake. You need the right lawyer.

    You need a Smart Aggressive Experienced New Mexico Child Support Lawyer that’s committed to you. An attorney who will fight to protect your rights, protect your property, and protect your children.

    Remember: The lawyer you choose to represent you in court makes all the difference. The quality of your lawyer will affect the outcome of your case.

    If you live in Albuquerque, Santa Fe, Rio Rancho, Los Lunas, or the surrounding area, Lawyers505.com offers free consultations, same-day appointments, reasonable fees, and payment plans.

    Call them today at (505) 888-5200. With 25 years of courtroom trial experience, they can help you get the results you need. Guaranteed.

    L A W Y E R   A D V E R T I S E M E N T

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