Any statutory provision or rule of court governing the release of an accused may be carried out by a responsible person designated by the court. History: 1953 Comp., § 41-3-1, enacted by Laws 1972, ch. 71, § 8. ANNOTATIONS Repeals and reenactments. — Laws 1972, ch. 71, § 8, repealed 41-3-1, 1953 Comp., relating to […]
Notwithstanding any other provision of law, when considering the setting of bail or other conditions of release of a person charged with a felony, the juvenile disposition of a youthful offender and any evidence given in a hearing in court for a youthful offender may be considered. The juvenile disposition and evidence used pursuant to […]
All recognizances secured by the execution of a bail bond shall be null and void upon the finding that the accused person is guilty, and all bond liability shall thereupon terminate. History: 1978 Comp., § 31-3-10, enacted by Laws 1987, ch. 228, § 2. ANNOTATIONS Purpose of bail bond. — A bail bond is a […]
A. The court shall consider an individual’s pregnancy or lactation status when determining whether the individual is eligible for release or bond and in the computation of good time credit. A presumption shall be made in favor of release for an individual who is pregnant or lactating. An individual released pursuant to this section shall […]
A. Whenever any person fails to appear at the time and place fixed by the terms of recognizance, the court may issue a warrant for his arrest. B. Whenever a person fails to appear at the time and place fixed by the terms of his bail bond, the court: (1) may issue a warrant for […]
A. When a surety desires to be discharged from the obligation of its bail bond, the surety may arrest the accused and deliver him to the sheriff of the county in which the action against the accused is pending. B. The surety shall, at the time of surrendering the accused, deliver to the sheriff a […]
A. A “paid surety” is a surety that has taken money, property or other consideration to act as a surety for the accused. B. When a paid surety desires to be discharged from the obligation of its bond, it may arrest the accused and deliver him to the sheriff of the county in which the […]
No bond shall be accepted from a paid surety, as defined in Section 31-3-4 NMSA 1978, by a magistrate court or a district court unless executed on a form which has been approved by the supreme court. History: 1953 Comp., § 41-3-4.1, enacted by Laws 1973, ch. 73, § 5.
If the defendant is released pending trial and thereafter a change of venue is granted, the defendant shall be bound to appear according to the change of venue and otherwise in accordance with the terms of his recognizance. The sureties on a bail bond shall be bound to deliver the defendant in accordance with the […]
If it appears by affidavit that the testimony of a person is material in any felony criminal proceeding and that it may become impracticable to secure his presence by subpoena, the judge may require such person to give bail pursuant to Rules of Criminal Procedure for his appearance as a witness. If the witness fails […]
No recognizance, undertaking or bond taken in any criminal proceeding shall be void, nor shall the principal or surety be discharged, from liability thereon for want of form or substance or for omission of any recital or condition or because the same was entered into on Sunday. History: 1953 Comp., § 41-3-7, enacted by Laws […]
A person released pending any proceeding related to the prosecution or appeal of a criminal offense or a probation revocation proceeding who willfully fails to appear before any court or judicial officer as required: A. is guilty of a fourth degree felony, if he was released in connection with a felony proceeding; or B. is […]
