N.M. R. Crim. P. Metro. Ct. 7-409

As amended through August 23, 2024

Rule 7-409 - Pretrial detention

A.Scope. This rule governs the procedure for the prosecutor to file a motion for pretrial detention in the metropolitan and district court while a case is pending in the metropolitan court. Notwithstanding the right to pretrial release under Article II, Section 13 of the New Mexico Constitution and Rule 7-401 NMRA, under Article II, Section 13 and Rule 5-409 NMRA, the district court may order the detention pending trial of a defendant charged with a felony offense if the prosecutor files a written motion titled "Expedited Motion for Pretrial Detention" and proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community.

B.Motion for pretrial detention. The prosecutor may file a written expedited motion for pretrial detention at any time in both the metropolitan court and in the district court. The motion shall include the specific facts that warrant pretrial detention.

C.Determination of probable cause. If a motion for pretrial detention is filed in the metropolitan court and a probable cause determination has not been made, the metropolitan court shall determine probable cause under Rule 7-203 NMRA. If the court finds no probable cause, the court shall order the immediate personal recognizance release of the defendant under Rule 7-203 NMRA and shall deny the motion for pretrial detention without prejudice.

D.Determination of motion by district court. If probable cause has been found, the metropolitan court clerk shall promptly transmit to the district court clerk a copy of the motion for pretrial detention, the criminal complaint, and all other papers filed in the case. The metropolitan court's jurisdiction shall then be terminated, and the district court shall acquire exclusive jurisdiction over the case.

E.Further proceedings in metropolitan court. Upon completion of the hearing, if the case is pending in the metropolitan court, the district court shall promptly transmit to the metropolitan court an order closing the metropolitan court case.

N.M. R. Crim. P. Metro. Ct. 7-409

Adopted by Supreme Court Order No. 17-8300-005, effective for all cases pending or filed on or after7/1/2017; as amended by Supreme Court Order No. 20-8300-013, effective for all cases 11 pending or filed on or after 11/23/2020.

Committee commentary. -

Paragraph C - Federal constitutional law requires a "prompt judicial determination of probable cause" to believe the defendant committed a chargeable offense, before or within 48 hours after arrest, in order to continue detention or other significant restraint of liberty. Cty. of Riverside v. McLaughlin, 500 U.S. 44, 47, 56 (1991).

Paragraph D - Upon the filing of a motion for pretrial detention and a finding of probable cause, the metropolitan court is deprived of jurisdiction to set or amend the conditions of release. The filing of the motion does not, however, stay the case in the metropolitan court. Nothing in this rule shall prevent timely preliminary examinations from proceeding while the detention motion is pending.

Paragraph E - If the district court issues a detention order under Rule 5-409 NMRA, the metropolitan court cannot release the defendant while the case is pending. The metropolitan court should, however, issue a release order if the state files a voluntary dismissal or if the court dismisses the case under other rules, such as Rule 7-202(A)(3) or (D)(1) NMRA.