N.M. R. Child. Ct. 10-731

As amended through November 1, 2024

Rule 10-731 - Waiver of arraignment in youthful offender proceedings

STATE OF NEW MEXICO

COUNTY OF _______________

_______________ JUDICIAL DISTRICT

IN THE CHILDREN'S COURT

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

WAIVER OF ARRAIGNMENT AND ENTRY OF DENIAL OF CHARGES IN YOUTHFUL OFFENDER PROCEEDINGS

I was given a copy of the petition which charges me with committing a youthful offender offense [and 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, ranging from being sentenced as an adult to prison time, to 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 enter a denial of the youthful offender offense(s) [and delinquent act(s)] 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. 10-731

Adopted by Supreme Court Order No. 14-8300-015, effective for all cases filed on or after12/31/2014; 10-432 recompiled and amended as 10-731 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. Recompilations. - Pursuant to Supreme Court Order No. 16-8300-017, former 10-432 NMRA was recompiled and amended as 10-731 NMRA, effective for all cases pending or filed on or after December 31, 2016.