Facing a criminal charge in New Mexico

Bond and pretrial release in New Mexico

Article II Section 13 of the New Mexico Constitution, as amended in 2016, provides that bail shall be granted except for defendants charged with felonies when the prosecution proves by clear and convincing evidence that no release condition will reasonably protect the safety of any person or the community. NMSA 1978 Sec. 31-3-1 through 31-3-9 govern bail, but New Mexico Supreme Court Rule 5-401 substantially controls. Rule 5-401 directs the court to impose the least restrictive condition that will reasonably assure appearance and community safety; monetary bond may not be imposed solely to detain. Pretrial Services screens defendants and may recommend conditions or detention. State v. Brown, 2014-NMSC-038, governs the constitutional standard for excessive bail.

Bond amounts, conditions, and timelines vary by county and judge. Confirm with counsel or the court.

Criminal defense attorneys serving New Mexico

Our directory is still building in New Mexico. Public-defender intake is available now.

Record clearing in New Mexico

New Mexico expungement is governed by the Criminal Record Expungement Act, N.M.S.A. 29-3A-1 through 29-3A-9 (effective January 2020). The statute provides a petition-based pathway to seal arrest and conviction records after a waiting period from completion of sentence. The statute provides waiting periods of two to ten years after completion of sentence based on offense level, with no waiting period for many non-conviction records; sex offenses against children, embezzlement of public money, and offenses causing great bodily harm or death are excluded. The petition is filed in the district court of the county of conviction.

Eligibility, waiting periods, and the petition vs. automatic pathway depend on the conviction class and the date of the offense. Confirm with counsel or the court record.

Public defender intake in New Mexico

New Mexico Law Offices of the Public Defender serves STATEWIDE County. Public defenders are appointed by the court based on financial eligibility. We do not refer you to a specific public defender and we do not represent you.

Public defenders are appointed by the court based on financial eligibility. LawSensai does not refer you to a public defender and does not represent you. This packet is a courtesy summary you can share with your public defender or their intake staff. You remain responsible for applying to the court for appointed counsel.