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

As amended through November 1, 2024

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

STATE OF NEW MEXICO

COUNTY OF _______________

________________ JUDICIAL DISTRICT

IN THE CHILDREN'S COURT

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

WAIVER OF ARRAIGNMENT AND DENIAL OF DELINQUENT ACT

I was given a copy of the petition which charges me with committing a delinquent act. I have read the petition, and it has been explained to me by my attorney. I understand what I am charged with and the possible penalties that I face, including a disposition as a delinquent child in need of care or supervision.

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 charge(s) and to have my rights explained;

2. the RIGHT to trial by jury;

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 this knowledge and understanding, I give up the right to personally appear before the children's court for arraignment and hereby deny the delinquent acts charged 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 am satisfied that the child understands the waiver of his or her rights.

___________________________

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.

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.