N.M. R. Child. Ct. 10-702

As amended through August 23, 2024

Rule 10-702 - Probable cause determination

[For use with Rules 10-221 and 10-222 NMRA] STATE OF NEW MEXICO

COUNTY OF _______________

_______________ JUDICIAL DISTRICT

IN THE CHILDREN'S COURT

In the Matter of _____________ , a Child. No. __________

PROBABLE CAUSE DETERMINATION

(For use only if the child

has been arrested without a warrant

and has not been released)

Finding of probable cause

[ ] I find that there is probable cause to believe that an offense has been committed

by the above-named child.

IT IS ORDERED that the child be:

[ ] detained

[ ] detained, unless after the preliminary inquiry the juvenile probation officer determines that release is appropriate.

[ ] released on personal recognizance.

[ ] released on the conditions of release set forth in the release order.

[ ]

Failure to make showing of probable cause

[ ] I find that probable cause has not been shown that an offense has been committed by the above-named child. It is therefore ordered that the child be immediately discharged from custody.

_________________________

Date

_________________________

Judge

USE NOTES

This form may be used for any child taken into custody. If the child has a right to bail, the amount of bail and any conditions of release must also be determined. This form is not necessary if the child was arrested on an arrest warrant or a finding of probable cause is endorsed by the judge on the petition or on a statement of probable cause.

N.M. R. Child. Ct. 10-702

Adopted, effective 11/1/1995; 10-431 recompiled and amended as 10-702 by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after12/31/2016.

ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016, changed the caption of the case, and provided for release of the child when determined appropriate by the juvenile probation officer; added "[ ] detained, unless after the preliminary inquiry the juvenile probation officer determines that release is appropriate". Recompilations. - Pursuant to Supreme Court Order No. 16-8300-017, former 10-431 NMRA was recompiled and amended as 10-702 NMRA, effective for all cases pending or filed on or after December 31, 2016.