New Mexico Bail Bond Agreement

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US-00006DR
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

New Mexico Bail Bonds Charges & Fees As with most states, New Mexico has created rules that govern how the bail bonds agent may charge for their services and these can be found in the New Mexico bail bonds laws section 13 NMAC 20.2. Basically, the charge is a 10% fee of the total amount of the bail set.

New Mexico law allows a bail bond company to post bail to free the person held in custody. The law sets limits on excessive bail bonds charges & fees. The bail bond fee is 10% of the total bail amount. Thus, for a $1,000 bail, you pay the bail bonds company $100.

Cash Bond (Bail) Refunds If you personally posted a cash (bail) bond for a defendant, keep the receipt issued to you by the Clerk's Office when the cash was received by the Court. If the defendant appeared at all of his/her hearings/trial and was sentenced, you are entitled to a refund of the bond money.

New Mexico voters in 2016 overwhelmingly approved a constitutional amendment to abolish the cash bail system and left decisions about whether someone is incarcerated before trial entirely in the hands of judges.

A no bond decision often results in pretrial detention, meaning the defendant must remain in custody until their trial or the resolution of their criminal case. This can have a significant impact on the defendant's ability to prepare for their trial, their defense and maintain their employment and family relationships.

New Mexico law allows a bail bond company to post bail to free the person held in custody. The law sets limits on excessive bail bonds charges & fees. The bail bond fee is 10% of the total bail amount. Thus, for a $1,000 bail, you pay the bail bonds company $100.

Release on own Recognizance (ROR). If the judge is convinced that the defendant is not a risk, the judge may release the defendant on his own recognizance. This means that no bail is required. However, the defendant must abide by all other conditions of release set by the judge.

Cash Bond (Bail) Posting A CASH bond may be posted at the District Court Clerk's Office in your county. The money needs to be in the form of cash, money order or certified check. Payments are accepted Monday through Friday, 8 a.m.-12 p.m. and 1- p.m.

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New Mexico Bail Bond Agreement