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Las Cruces New Mexico Police Brutality and Personal Injury Law Blog

Why would you file a civil lawsuit?

You probably didn't wake up this morning thinking about filing a civil lawsuit, and you may not worry about becoming a victim of crime. However, you might wonder what you could do if someone's negligence harmed you or one of your children.

Beyond calling the police, many people do not know how to handle dangerous situations. Though, while there is a small chance you or a loved one could become a victim of crime, you might want to prepare by learning what your rights are.

Is mental health care lacking in jails and prisons?

Mental illness can cause some people to do things they wouldn't ordinarily do, which includes breaking the law. According to one source, up to 500,000 people with various serious mental illnesses spend their days in jails and prisons. This number does not include those with passing encounters with the criminal justice system.

If your loved one is part of the number of mentally ill and incarcerated individuals, you may wonder whether he or she receives much-needed care. The sad fact is that many don't receive the treatment they need.

Did you suffer injuries when someone else committed a crime?

The day you suffered injuries while someone else committed a crime may have started out like any other. You could have been walking to meet friends when someone tried to steal your purse, or you may have been in the wrong place at the wrong time and became injured when someone tried to rob a convenience store. The injuries could even have occurred in your own home if someone broke in with the intent to harm you or ransack your home.

Regardless of how the situation occurred, you likely never expected it or the trauma that followed. You may have instinctively tried to hold on to your purse only to have the thief strike you, or you may have tried to intervene to help someone else only to have the robber or attacker turn on you. Now, you are left with the physical injuries and mental scars of the event.

Making claims under the Eighth Amendment to the Constitution

A New Mexico court found you guilty beyond a reasonable doubt of a criminal offense, and now you face incarceration in one of the state's prisons. While you may find that the law curtails some of your rights due to your conviction, some of them do not go away simply because you are spending time behind bars.

For example, your right to freedom from "cruel and unusual" punishment under the Eighth Amendment to the United States Constitution does not go away, and authorities cannot restrict it in any way due to your incarceration. In fact, some would say that this becomes one of your most important rights due to your situation.

5 Reasons A Local Attorney Is Better

In 2015, New Mexico began allowing attorneys from other states to practice in New Mexico's courts if they have practiced law in another state for at least five years. This means that a lawyer located in New Jersey can represent an individual on a lawsuit filed in New Mexico. There are many benefits of hiring a local attorney to help you on your New Mexico lawsuit.

Attorneys Margaret Strickland and Mollie McGraw are attorneys licensed to practice in New Mexico. Our law office is located in Las Cruces, New Mexico. Why does this matter?

Carbon Monoxide

Each year 50,000 people in the United States visit emergency departments for carbon monoxide poisoning.

Carbon monoxide is a byproduct of burning carbon-based fuel. Sources of carbon monoxide include gasoline engines in motor vehicles, small engines and boats; carbon-fueled appliances such as furnaces, water heaters and boilers, and charcoal and propane heating and cooking sources.

Is a doctor to blame for your loved one's opioid addiction?

It seems that every day, the media covers a story involving a tragic opioid overdose or more statistics revealing the growing problem of opioid addiction. Perhaps your family has suffered its own tragedy of a loved one who struggles with an addiction to narcotics or whose prescription drug problem led to an addiction to heroin or other deadly drugs.

Despite the evidence that opioid dependency often begins with a doctor's prescription, surgeons and other physicians continue to overprescribe, even to patients who already show signs of addiction. Prescribing more pills than a patient can safely use or failure to monitor the number or refills on a prescription for an addictive drug can result in substance abuse such as the one that has brought suffering to your family.

Probable cause and warrantless searches

You may know that there are limited circumstances for which New Mexico police may search you or your vehicle without a warrant. In fact, in some cases, a search without a warrant may be a violation of your civil rights. However, police may also be able to convince a court that, even without a warrant, they had probable cause to conduct the search.

What is probable cause? It is a powerful concept that gives law enforcement the authority to act in ways that would otherwise be unconstitutional. If police recently arrested you based on incriminating evidence they found after a warrantless search of your vehicle, probable cause will be the element your attorney will likely focus on.

You have to speak up to protect your rights in a DUI traffic stop

You may just be trying to get home after a long day at work. You did stop off to enjoy a drink or two with friends or family, but you made sure you were okay to drive before leaving. So, you may be surprised to see flashing lights in your rear-view mirror.

You pull over and wait for the officer to come to the window. Your first inclination is to defend yourself, but you may want to think again. Other than answering basic questions about your identification, you may want to take advantage of your right to remain silent.

The opioid crisis isn't going to go away anytime soon

It would be difficult to find anyone in New Mexico who hasn't heard something about the dramatic increase in overdoses and deaths attributed to opioids. When pharmaceutical companies released these drugs back in the 1990s, the pharmaceutical industry gave doctors and others in the medical community assurances that they were not addictive. This prompted a significant rise in the number of prescriptions written and filled.

Opioids do an amazing job of helping patients with their pain, but those assurances about them not being addictive were completely wrong. The number of people addicted to these drugs rose to such a level that in recent years, the federal government declared it a crisis and urged doctors to slow down or even stop prescribing them. In the meantime, the pharmaceutical industry made billions of dollars at the expense of people's health and lives.

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McGraw & Strickland, LLC
165 West Lucero Ave.
Las Cruces, NM 88005

Phone: 575-567-3107
Fax: 575-680-1200
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