N.M. R. Crim. P. Magist. Ct. 6-503

As amended through August 23, 2024

Rule 6-503 - Disposition without hearing

A.General. This rule establishes procedures governing disposition of cases within magistrate trial court jurisdiction without a hearing. These procedures do not apply to charges of driving while under the influence of intoxicating liquor or drugs, reckless driving, driving while license suspended or revoked, domestic violence, any offense for which a period of incarceration is mandatory, or any offense for which the court imposes a sentence of incarceration. This procedure applies only to penalty assessment misdemeanors for which the monetary penalty is specified by statute, unless the court, by written order, sets forth a schedule of additional offenses for which this procedure may be used together with the monetary penalty ordered by the court for each offense.

B.Procedure. An offense shall not be disposed of without a hearing unless the person charged signs an appearance, enters a plea of no contest or guilty and waives trial. Prior to signing the document, the person charged shall be informed of the right to trial, the right to appear personally before the judge, the right to remain silent, the right to present witnesses, and the right to hire a lawyer.

Provision may be made for the person charged to enter an appearance by mail, fax, or e-mail, and, if pleading guilty or no contest, to remit to the court the penalty specified by statute or by the court. A remittance to the court of the specified penalty without a signed appearance, plea and waiver form, shall constitute a guilty plea.

N.M. R. Crim. P. Magist. Ct. 6-503

As amended by Supreme Court Order No. 11-8300-051, effective for cases filed on or after1/31/2012.

Committee commentary. - Judges should use sound discretion in setting forth additional offenses to which this procedure may be applied. The court may specify which methods of payment will be accepted.

[Adopted by Supreme Court Order No. 11-8300-051, effective for cases filed on or after January 31, 2012.]

ANNOTATIONS The 2011 amendment, approved by Supreme Court Order No. 11-8300-051, effective for cases filed on or after January 31, 2012, provided that the rule apply only to penalty assessment misdemeanors for which the monetary penalty is specified by statute and additional offenses specified by the court for which the court has specified the monetary penalty, required that defendants be advised of their constitutional rights before they enter a plea or waive trial, and authorized the court to permit defendants to appear by mail, fax or e-mail and to remit penalties to the court; in Paragraph A, deleted the former language, which authorized the court to establish procedures governing the disposition of cases specified by the court without a hearing, and added the current language; in Paragraph B, in the first paragraph, in the first sentence, after "appearance", changed "plea of no contest and waiver of trial" to "enters a plea of no contest or guilty and waives trial", and in the second sentence, after "right to trial", deleted "and that the warrant will constitute a plea of no contest and will have the effect of a judgment of guilty by the court" and added the remainder of the sentence; and in Paragraph B, in the second paragraph, after "enter an appearance", deleted "plead no contest and remit the appropriate scheduled penalty to the court by mail" and added the remainder of the sentence, deleted the former second sentence, which required the charging law enforcement officer to inform the defendant of the defendant's right to trial and that a plea of no contest is a plea of guilty, to provide a form for an entry of appearance and plea of no contest, and to inform the defendant of the scheduled penalty, and added the current second sentence.