New Mexico statutes offer probationary plea deals as an alternative to prison. Probationary pleas may result in probationary dispositions, including conditional discharges, deferred sentences, and suspended sentences. A conditional discharge is ideal since completing probation results in no criminal conviction on your record.
That said, you should never suffer the penalties for a crime you did not commit or that goes unproven. Speak with a New Mexico criminal defense lawyer to determine what legal options you have available before speaking with law enforcement or attending your next hearing.
In This Article
This article explains the types of dispositions available when placed on probation after accepting a plea bargain or being sentenced after a trial.
Let’s start by reviewing the definition of plea bargains:
What Are Plea Bargains?
Plea bargains are agreements to plead guilty or no contest in exchange for a dismissal of some charges and/or a lesser sentence, such as being placed on probation instead of prison time.
Types of Dispositions When Being Placed on Probation
There are three types of potential dispositions when placed on probation in New Mexico. They include conditional discharges, deferred sentences, or suspended sentences.
Let’s take a look at the similarities, differences, and legal particulars among the three options:
Option 1. Conditional Discharges (Best Option)
Conditional discharge: A conditional discharge is not a conviction under New Mexico law. It gives you a chance never to be found guilty and have your case dismissed on the condition that you complete probation. This alternative to prison in New Mexico is ideal since the case never results in a conviction (State v. Harris, 2013). However, a probation violation may result in a conviction, and proceedings may be reopened against you under NMSA § 31-20-13.
A conditional discharge is the most favorable type of deal. It gives you the ability to honestly say, “No,” if ever asked about being convicted of a felony.
This outcome is especially beneficial in sex offense cases because a conditional discharge DOES NOT require the person to register as a sex offender and add the additional stigma that Sex Offender registration brings. It is only allowed once in a person’s lifetime for both felonies and most misdemeanors.
I caution clients to reserve a conditional discharge for felony charges only in many cases.
Notable Exceptions to Conditional Discharges
A conditional discharge is not an automatic offering from prosecutors, and several exceptions and provisions apply. Below, we have outlined circumstances that could prevent you from receiving a conditional discharge:
- Exception 1. Prior felony convictions.
- Exception 2. Prior conditional discharges on your record
- Exception 3. Not offered for driving while under the influence of drugs or alcohol (DWI) charges
A few other exceptions are available for first-time felons (State v. Leslie, 2004). You should speak with an experienced criminal defense lawyer to determine if a conditional discharge is possible for your case.
[Related: What Are the Penalties for a DWI in New Mexico?]
Alternative 2. Deferred Sentences (2nd Best)
Deferred sentences are adjudications or findings of guilt with deferred sentencing. This option is second best after a conditional discharge since you do not have to spend any time in prison. If placed on probation under a deferred sentence, the court can dismiss all eligible charges in New Mexico per NMSA § 31-20-9, provided the individual completes probation. However, a deferred sentence is considered a conviction.
Essentially, the judge is saying, “I am finding you guilty. However, I am not going to sentence you at this time. Instead, I will place you on probation and not bring you back for sentencing unless you violate your probation.”
Alternative 3. Suspended Sentences (3rd Best)
A suspended sentence is a criminal conviction. Suspended sentences give judges the authority to find you guilty while suspending some or all of your prison sentence, meaning if the entire sentence is not suspended you could still serve some time in jail or prison. You must successfully complete probation in order to not serve the suspended portion of the sentence in jail or prison.
Under a suspended sentence, the judge is saying, “I hereby find you guilty and sentence you to the New Mexico Department of Corrections for X amount of time. However, I will suspend either a portion of the sentence or the entire prison sentence and place you on probation. You will not have to serve the suspended portion of the time in prison unless you violate probation.”
[Related: What Is a Felony in New Mexico?]
Get a Free Case Strategy Session With a New Mexico Criminal Defense Lawyer
Were you recently arrested for a felony or misdemeanor in northern or central New Mexico? If so, Grano Law Offices, P.C. wants to help you or your loved one understand their legal rights. You should never accept responsibility for a crime you did not commit or a harsher sentence than necessary.
You can get the legal answers you want and deserve today. Schedule a Free Case Strategy Session now by calling (505) 426-8711 or message us directly via the contact form below. We can arrange to meet with you in person, in our Las Vegas, New Mexico office, by phone, or via secure video chat.
