After an arrest in New Mexico, a judge will set bail for the defendant’s release, whether it is a misdemeanor or felony case. If a judge sets your friend or family member’s bail, then he or she can likely get out of jail by just paying it. In some cases, there is no bail required.
After an arrest, if the defendant remains in custody, the defendant must appear before a judge within three (3) days after arrest if held in a local detention center or within five (5) days of arrest if the defendant is not held in a local detention center. At the hearing, the judge will consider many factors in order to determine bond and conditions of release. If a judge determines that the defendant is a high flight risk, then he or she may deny bail altogether.
Under N.M. R. Crim. P. Dist. Ct. 5-409, also known as New Mexico’s No-Bond Detention Law, a judge also possesses the authority to deny the defendant’s bail if he or she believes that the individual is a danger to the community. As such, the judge can deny your family member’s bail until the trial is over, which can result in weeks or months in jail.
For defendants who pay their bail or post bond and get out of jail, they must act as law-abiding citizens and return to court for all mandatory hearings and trials. Otherwise, it can result in re-arrest and new charges.
In This Post
In this criminal law post, I explain the defendant’s options for getting out of jail after an arrest, what happens if you cannot afford it, and how you can get a free case strategy to learn more about your family member’s legal options. Since every case is unique, it is imperative to get personalized legal advice from a criminal defense attorney in New Mexico related to your specific situation.
Options to Get Someone Out of Jail After an Arrest in New Mexico
The defendant does not always have to pay the full bail amount if the judge sets one. In general, courts offer several options for release, while defendants await the next steps when facing a criminal matter.
The options available to you or your loved one may include:
Secured Bond
Your case must meet specific criteria for a secured bond. Essentially, this option requires you to pay the amount in its entirety to the court. The judge may also order a Percentage Bond of a secured bond. This allows the defendant to be released by posting ten percent (10%) of the amount specified by the court. If your arrested family member or friend acts lawfully and attends all hearings, you will get your money back either by modification during the pendency of the case or at the completion of the case.
Surety Bond/Bail Bonds
The judge may also order a surety bond/bail bond. A surety bond allows the defendant the ability to find a bail bondsman who will then guarantee the appearance of the defendant or payment of the full amount of the bond if the defendant fails to appear. With a surety bond/bail bond, the defendant will get out of jail while only having to come up with ten (10) percent of the total bail amount. The money paid is non-refundable.
Property Bonds
Unsecured Appearance Bond
The judge may order an unsecured appearance bond. An unsecured appearance bond is a promise to appear as ordered by the court and comply with all conditions of release without having to post money or property with the court. Instead, the defendant signs a promise to pay the entire bond amount if the defendant fails to appear or fails to comply with conditions of release.
Personal Recognizance
For defendants, who with little to no criminal history, minor charges and not a flight risk, they may be released on their own personal recognizance. This situation is the most ideal for jail release but is generally reserved for those with strong ties to the community or low-level, first-time offenders. Violence and sex crime cases at the felony level rarely receive the personal recognizance option.
What Happens If You Cannot Pay the Defendant’s Bail
If you cannot afford bail or pay it for any other reason, you can hire a criminal defense attorney to file a Motion to Reconsider, which asks the courts to waive or lower the bail amount. In some situations, the judge may even grant the request, but place additional conditions on your release, including house arrest or third-party custody.
Hire a New Mexico Criminal Defense Lawyer Before Posting Bail
The most advantageous and practical approach you can take when facing any criminal matter is to seek the protection and guidance of a New Mexico criminal defense lawyer, ideally before your bail hearing. We can oversee your case and represent your financial situation to ask the court for a ruling that makes sense.
Free Case Strategy Session with Attorney Marc Grano
Contact Grano Law Offices, P.C. for a Free Case Strategy Session with Marc Grano by messaging us privately online or calling (505) 426-8711. If you cannot travel to my office, we can meet via video chat or phone.
