ABQ, New Mexico – The courts in New Mexico now follow new rules when they decide to jail someone accused of a crime before their hearing.
As of now, judges have to keep people in jail while they wait for their hearing for any felony if they are arrested again for certain crimes. They need to stay in jail at least until a judge hears their case. Judges must also hold repeat criminals until they can be tried for misdemeanors such as DWI, negligent use of a firearm, aggravated battery, stalking, and domestic violence, or at least until the judge can look over the case again.
A press release from the Administrative Office of the Courts said, “The new rules will help protect our communities while honoring the constitutional rights of people accused of a crime who are presumed innocent under the law.”
The rules for so-called “pretrial detention” have been up for years and have been the subject of discussion. At this page, you can read a lot about the system. The New Mexico Supreme Court agreed to the most recent rule change after hearing from the public.
Additionally, the new rules require judges to think again about whether to hold someone in prison if they break the terms of their pre-trial release. Before, judges could choose whether to look over the terms of release or not.
In a news release, Artie Pepin, director of the Administrative Office of the Courts, said, “The new rules make sure that courts across the state follow the same steps when a defendant on pretrial release is arrested on a new charge.” “The rules give courts short time frames for hearings and issuing orders after they decide whether to take away or change the conditions under which a defendant was released to await trial.”
