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New Mexico Motion to Revoke Bond When Charged with First Degree Felony
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FAQ
In ance with this rule, the court may consider revocation of the defendant's pretrial release or modification of the defendant's conditions of release (1) if the defendant is alleged to have violated a condition of release; or (2) to prevent interference with witnesses or the proper administration of justice.
Evid. 11-403. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
The New Mexico rule sets forth an objective precondition to imposing preventive detention, viz., a defendant's being indicted or bound over for trial on charges of serious criminal conduct allegedly committed while released from custody on a prior charge.
A [person] defendant who is ordered released on a condition [which] that requires that the [person] defendant return to custody after specified hours[, upon application] shall, on motion of the defendant or the court's own motion, be entitled to [have] a hearing to review the conditions imposed.
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.
For cases of concurrent trial jurisdiction originally filed in the magistrate, metropolitan, or municipal court that are subsequently dismissed and refiled in the district court, the initiatory pleading in the district court shall state in the caption that it is a refiled case and shall state the following in the first ...
Final judgments and decrees, entered by district courts in all cases tried pursuant to the provisions of this section shall remain under the control of such courts for a period of thirty days after the entry thereof, and for such further time as may be necessary to enable the court to pass upon and dispose of any ...
