N.M. R. Child. Ct. 10-222

As amended through November 1, 2024

Rule 10-222 - Probable cause determination for delinquency offenses

A.When required. A probable cause determination shall be made in all cases in which the arrest has been made without a warrant and the respondent child has not been released. The probable cause determination shall be made promptly by a district judge, magistrate or special master, but in any event within forty-eight (48) hours after custody commences and no later than the first appearance of the respondent child whichever occurs earlier.

B.How conducted. The determination that there is probable cause shall be nonadversarial and may be held in the absence of the respondent child and of counsel. No witnesses shall be required to appear unless the court determines that there is a basis for believing that the appearance of one or more witnesses might lead to a finding that there is no probable cause.

C.Amended statement of probable cause. If the statement of probable cause fails to make a written showing of probable cause, an amended statement of probable cause may be filed with sufficient facts to show probable cause for detaining the respondent child.

D.Failure to show probable cause. If the court finds that there is no probable cause to believe that the respondent child has committed an offense, the court shall order the immediate release of the respondent child.

N.M. R. Child. Ct. 10-222

Adopted, effective 11/1/1995; Rule 10-208A NMRA, recompiled and amended as Rule 10-222 NMRA by Supreme Court Order No. 08-8300-42, effective 1/15/2009; as amended by Supreme Court Order No. 14-8300-015, effective for all cases filed on or after12/31/2014.

Committee commentary. - This rule applies only to probable cause determinations in delinquency proceedings. For probable cause determinations in youthful offender proceedings, see Rule 10-213 NMRA.

[Adopted by Supreme Court Order No. 14-8300-015, effective for all cases filed on or after December 31, 2014.]

ANNOTATIONS The 2014 amendment, approved by Supreme Court Order No. 14-8300-015, effective December 31, 2014, in the title, added "for delinquency offenses" to reflect that the rule applies to delinquency offenses. The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, in Paragraphs A, B, C and D, changed "child" to "respondent child"; and in Paragraph D, in the title, deleted "Dismissal for". Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-208A NMRA was recompiled as Rule 10-222 NMRA, effective January 15, 2009.