A.Release during trial. A defendant released pending trial shall continue on release during trial under the same terms and conditions as previously imposed, unless the court determines that other terms and conditions or termination of release are necessary to assure the defendant's presence during the trial or to assure that the defendant's conduct will not obstruct the orderly administration of justice.B.Release pending sentence or new trial. A defendant released pending or during trial shall continue on release pending the imposition of sentence or pending any new trial under the same terms and conditions as previously imposed, unless the surety has been released or the court has determined that other terms and conditions or termination of release is necessary to assure: (1) that the defendant will not flee the jurisdiction of the court; or(2) that the defendant's conduct will not obstruct the orderly administration of justice.C.Defendant in custody. Nothing in this rule shall be construed to prevent the court from releasing pursuant to Rule 8-401 a defendant not released prior to or during trial.N.M. R. Mun. Ct. P. 8-402
As amended, effective 1/1/1997. ANNOTATIONS The 1997 amendment, effective January 1, 1997, substituted "defendant" for "person" throughout the rule, deleted "under Rule 8-401" following the first "trial" and made stylistic changes in Paragraph A, inserted "or new trial" in the Paragraph B heading and inserted "or pending any new trial" near the middle of Paragraph B, deleted former Paragraph C relating to release after sentencing, and redesignated former Paragraph D as Paragraph C.
For release pending appeal, see Rule 8-703 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law §§ 513, 516. 23A C.J.S. Criminal Law §§ 1168, 1169.