N.M. R. Crim. P. Metro. Ct. 7-402

As amended through August 23, 2024

Rule 7-402 - Release

A.Release during trial. A defendant released pending trial shall continue on release during trial under the same terms and conditions as previously imposed, unless the court determines that other terms and conditions or termination of release are necessary to assure the defendant's presence during the trial or to assure that the defendant's conduct will not obstruct the orderly administration of justice.

B.Release pending sentence or new trial. A defendant released pending or during trial shall continue on release pending the imposition of sentence or pending final disposition of any new trial under the same terms and conditions as previously imposed, unless the surety has been released or the court has determined that other terms and conditions or termination of release are necessary to assure:

(1) that the defendant will not flee the jurisdiction of the court; or

(2) that the defendant's conduct will not obstruct the orderly administration of justice.

C.Defendant in custody. Nothing in this rule shall be construed to prevent the court from releasing, pursuant to Rule 7-401, a defendant not released prior to or during trial.

N.M. R. Crim. P. Metro. Ct. 7-402

As amended, effective 1/1/1997.

ANNOTATIONS The 1997 amendment, effective January 1, 1997, substituted "defendant" for "person" throughout the rule, substituted "or" for "appeal and" in the Paragraph B heading and deleted "any appeal or" following "disposition of" near the middle of Paragraph B, deleted former Paragraph C relating to release after sentencing and redesignated former Paragraph D as Paragraph C, and made gender neutral changes in Paragraphs A and B.

For release pending appeal, see Rule 7-703 NMRA. Conditions of release. - The court has an affirmative duty to undertake a case-by-case, defendant-by defendant evaluation and to fashion an appropriate disposition regarding conditions of release pending sentencing. State v. Maestas, 2007-NMCA-155, 143 N.M. 104, 173 P.3d 26. Application of blanket policy for release. - Where the court exercised a blanket policy of immediately remanding to custody those defendants who chose to go to trial and were convicted while allowing those defendants who chose to plead guilty to remain out of custody pending sentencing, the court's action could be construed as impermissibly punishing the defendant for exercising his constitutional rights to plead not guilty, to a jury trial and to appeal. State v. Maestas, 2007-NMCA-155, 143 N.M. 104, 173 P.3d 26. Defendant's participation in an alternative sentencing program precludes his later objection to the structure of the program. State v. Lucero, 2007-NMCA-127, 142 N.M. 620, 168 P.3d 750, cert. denied, 2007-NMCERT-009. Where defendant is referred to a post-adjudication, pre-sentencing program, he was not on probation during his time in the program. State v. Lucero, 2007-NMCA-127, 142 N.M. 620, 168 P.3d 750, cert. denied, 2007-NMCERT-009.