N.M. R. Child. Ct. 10-711

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As amended through November 1, 2024

Rule 10-711 - [Effective 12/31/2024] Waiver of first appearance and denial of delinquent act

[For use with Rule 10-224 NMRA]

STATE OF NEW MEXICO

COUNTY OF _______________

________________ JUDICIAL DISTRICT

IN THE CHILDREN'S COURT

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

WAIVER OF FIRST APPEARANCE AND DENIAL OF DELINQUENT ACT

I was given a copy of the petition which alleges that I committed a delinquent act. I have read the petition, and it has been explained to me by my attorney. I understand the offense(s) alleged in the petition, and I understand the possible penalties that I face.

I FURTHER UNDERSTAND THAT I HAVE THE FOLLOWING RIGHTS:

1. the RIGHT to personally appear before the children's court and to admit or deny the allegations against me and to have my rights explained;

2. the RIGHT to trial in front of a judge or the RIGHT to trial by jury, as permitted by law;

3. the RIGHT to the assistance of an attorney at all stages of the proceedings and to have an attorney appointed free of charge if I cannot afford one;

4. the RIGHT to confront the witnesses against me and to cross-examine them as to the truthfulness of their testimony;

5. the RIGHT to present evidence on my own behalf and to have the State compel witnesses of my choosing to appear and testify; and

6. the RIGHT to remain silent with the understanding that any statement I make may be used against me, except any confidential statements I make to my attorney.

With this knowledge and understanding, I give up the right to personally appear before the children's court for first appearance and hereby deny the delinquent acts alleged in the above-referenced petition.

___________________________

Signature of Child

___________________________

Date

I have explained to the child the child's right to personally appear before the children's court to enter a denial and to have the child's rights explained by the judge. I have explained to the child the possible penalties for the alleged offense(s), including [a commitment of up to two (2) years for a delinquent offense] [a commitment of up to the age of twenty-one (21) for a youthful offense]. I am satisfied that the child understands the waiver of his or her rights.

Choose the appropriate language based on the alleged offenses. This may require explanation of both the penalties for a delinquent offense, as well as the penalties for a youthful offense. See NMSA 1978, §§ 32A-2-19 (2021), -20 (2023).

___________________________

Attorney for Child

APPROVED:

_________________________

[ ] Children's Court Judge

[ ] Children's Court Hearing Officer

N.M. R. Child. Ct. 10-711

Adopted, effective 7/1/1995; 10-415A recompiled and amended as 10-711 by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after12/31/2016; as amended by Supreme Court Order No. S-1-RCR-2023-00042, effective for all cases pending or filed on or after 12/31/2024.

ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-017, effective December 31, 2016, changed the caption of the case, changed the heading and the title of the form from "Denial of petition and explanation of rights." to "Waiver of arraignment and denial of delinquent act.", and rewrote the form. Recompilations. - Pursuant to Supreme Court Order No. 16-8300-017, former 10-415A NMRA was recompiled and amended as 10-711 NMRA, effective for all cases pending or filed on or after December 31, 2016.