Being arrested in New Mexico is something that happens often, and can be an overwhelming experience. Many people find themselves being arrested when they least expect it, often in the middle of the night or even at a traffic stop.
This article is here to help if you’ve been arrested or you know someone who has been. It explains the arrest process, what happens in New Mexico, and other details, like bail and court scheduling.
Once arrested, it is critical you work with a criminal defense lawyer from the start. You need someone by your side who can ensure law enforcement respect your rights and that you don’t say anything incriminating.
Your Rights During Arrest In New Mexico
You have various rights during arrest in New Mexico, guaranteed by the U.S. Constitution. These protect you against self-incrimination and uphold the principle of “innocent until proven guilty.”
During arrest officers must read the Miranda warning to you before interrogating you. This reminds you of:
- Your right to an attorney or consultation with a lawyer before and during questioning
- Your right to remain silent (because anything you do say could be used against you in court)
- Your right to stop questioning until an attorney is present
These rights apply immediately. If police don’t abide by them, then you may have grounds to suppress evidence in court. However, even if law enforcement makes mistakes, it doesn’t automatically mean your case will be dismissed under New Mexico law. Courts will usually still proceed.
You also have the right to make three phone calls after your detention in a New Mexico facility. Law enforcement officials must provide you with these calls no later than 20 minutes after your arrest. Use them to contact a lawyer, family members and other people who need to know your whereabouts.
Remember, officers must have “probably cause” to arrest you if they don’t have a warrant. Again, a lawyer can help determine whether these are valid.
The Booking Process
After arrest, you’ll be taken in for the booking process. “Booking” is just the word officials use for the administrative process of recording your arrest. Unfortunately, it can take several hours.
It begins by collecting your personal information. You’ll usually fill out a form with your name, address, and other facts about your life. Then, you’ll go for fingerprinting and mugshots. These are taken for official record-keeping.
Officials will then ask you to provide them with any belongings you are carrying for safekeeping. You won’t usually be allowed to keep items on your person.
After that comes a medical screening exam. This check determines whether you are fit for detention. Sometimes, you will need to go to a hospital if you are seriously ill with a chronic disease. If you have a critical injury, booking will usually take place once you stabilize.
Finally, officials will run through your arrest records and check your criminal history. All the information will be collated to produce a profile on you that courts and other officials can use for reference in your case.
We recommend against being combative, rude, or unruly during the booking process. While it can take some time, it is better to observe your right to remain silent until you can speak with your lawyer than antagonize those around you.
Bail And Pretrial Release
New Mexico made some changes to its approach to bail in 2017. These days, it focuses more on pretrial release than cash bail for most people, with the idea being to cut down on unnecessary incarcerations. (This approach is similar to California’s “own recognizance” rules).
For pretrial release to apply, courts use risk assessment tools to determine if you’re a flight risk or a continuing danger to the community. These are becoming more sophisticated as they add more data, but ultimately, a judge makes the final decision.
Depending on the case against you, officials may ask you to wear a GPS tracking device. You will also have to sign paperwork promising to show up at your court dates (and not skip any hearings).
Sometimes you won’t qualify for pretrial release if the court determines you to be a “high risk” case. With these, you have to stay in detention until your court date.
The primary reason for being denied pretrial release is flight risk. The court may worry that you won’t turn up. However, you may also be deemed a risk to the community if you are facing severe charges, like homicide.
Court Schedule Following Arrest
So, what happens after arrest?
The first step is your first appearance. Courts will try to arrange these 48 hours after your arrest so you can secure pretrial release faster. Judges provide you with formal details of the case against you and then set bail along with various release conditions (like wearing a GPS tracker or staying away from specific locations).
Following that, you’ll be invited to subsequent hearings to establish “probably cause.” These usually occur within 10 to 60 days depending on your “track” (whether your case is complex or not).
Why You Should Hire A Criminal Defense Attorney Early In The Process
We always recommend hiring a criminal defense attorney as early as possible in New Mexico cases. The state has one of the highest conviction rates in the country for felonies.
Attorneys have several roles and help you in numerous ways. For example, they protect your rights and ensure that law enforcement officials follow all the proper procedures. If they identify cases where police didn’t observe your rights, then they can file to suppress evidence from trial.
Lawyers can also represent you at trial, handling the paperwork, deadlines, and general stress of hearings. They can also work with prosecutors on reducing charges and build a defense strategy around the known evidence against you.
In summary, New Mexico’s arrest process is a sort of balancing act. It’s designed to protect your rights as an individual, but also the community’s. However, we recommend against trying to navigate it alone. Having an experienced attorney by your side is critical if you want to maximize your chances of a favorable outcome.