N.M. R. Mun. Ct. P. 8-501

As amended through November 1, 2024

Rule 8-501 - Arraignment; first appearance

A.Explanation of rights. Upon the first appearance of the defendant in response to a summons, warrant, or arrest, the court shall determine that the defendant has been informed of the following:

(1) the offense charged;

(2) the penalty provided by ordinance for the offense charged;

(3) the right to bail;

(4) the right, if any, to the assistance of counsel at every stage of the proceedings;

(5) the right, if any, to representation by an attorney at municipal expense;

(6) the right to remain silent, and that any statement made by the defendant may be used against the defendant;

(7) that, if the defendant pleads guilty or no contest, it may have an effect upon the defendant's immigration or naturalization status, and if the defendant is represented by counsel, the court shall determine that the defendant has been advised by counsel of the immigration consequences of a plea.

The court may allow the defendant reasonable time and opportunity to make telephone calls and consult with counsel.

B.Entry of plea. The court shall require the defendant to plead to the complaint under Rule 8-302 NMRA, and if the defendant refuses to answer, the court shall enter a plea of "not guilty" for the defendant. If, after entry of a plea of "not guilty," the defendant remains in custody, the action shall be set for trial as soon as possible.

C.Insanity or incompetency. If the defendant raises the defense of "not guilty by reason of insanity at the time of commission of an offense,", after setting conditions of release, the action shall be transferred to the district court. If a question is raised about the defendant's competency to stand trial, the court shall proceed under Rule 8-507.1 NMRA.

D.Waiver of arraignment. With prior approval of the court, an arraignment may be waived by the defendant filing a written waiver of arraignment. A waiver of arraignment and entry of a plea shall be substantially in the form approved by the Supreme Court.

E.Bail. If the defendant has not been released by the court or the court's designee, the court shall enter an order prescribing conditions of release in accordance with Rule 8-401 NMRA.

N.M. R. Mun. Ct. P. 8-501

As amended, effective 3/1/1987;10/1/1987;9/1/1990;10/1/1996;11/1/2000; as amended by Supreme Court Order No. 07-8300-030, effective 12/15/2007; by Supreme Court Order No. 08-8300-047, effective 12/31/2008; as amended by Supreme Court Order No. 18-8300-023, effective for all cases filed on or after2/1/2019.

ANNOTATIONS The 2018 amendment, approved by Supreme Court Order No. 18-8300-023, effective February 1, 2019, provided that the court shall proceed under Rule 8-507.1 NMRA if a question is raised about the defendant's competency to stand trial; added new paragraph designation "C" and redesignated former Paragraphs C and D as Paragraphs D and E, respectively; in Paragraph C, added the heading, deleted "pleads", and added "raises the defense of", and "at the time of commission of an offense", deleted "or if an issue is raised as to the mental competency of the defendant to stand trial", and added the last sentence. The 2008 amendment, approved by Supreme Court Order No. 08-8300-047, effective December 31, 2008, deleted former Subparagraph (8) of Paragraph A which provided that if the defendant is charged with a crime of domestic violence or a felony, the court shall determine that the defendant has been informed that a plea of guilty or no contest will affect the defendant's constitutional right to bear arms, including shipping, receiving, possessing or owning any firearm or ammunition, all of which are crimes punishable under federal law for a person convicted of domestic violence or a felony and deleted former Subparagraph (9) of Paragraph A which provided that if the defendant pleads guilty or no contest to a crime for which registration as a sex offender is or may be required, and if the defendant is represented by counsel, the court shall determine that the defendant has been advised by counsel of the registration requirement under the Sex Offender Registration and Notification Act. The 2007 amendment, approved by Supreme Court Order No. 07-8300-030, effective December 15, 2007, added Subparagraphs 7, 8 and 9 of Paragraph A, providing for a determination by the court as to whether the defendant has been counseled on immigration, domestic violence and sex offender registration laws. The 2000 amendment, effective November 1, 2000, rewrote the rule with little substantive change, except for the deletion of Paragraph E, relating to audio-visual appearances and arraignments.

For a discussion of the consequences of a conviction under the Family Violence Protection Act, 40-13-1 NMSA 1978, and the so-called "Brady Bill", 18 U.S.C. Section 922, see Civil Form 4-970 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law §§ 433 to 442. Delay in taking before magistrate or denial of opportunity to give bail as supporting action for false imprisonment, 98 A.L.R.2d 966, 3 A.L.R.4th 1057. Accused's right to assistance of counsel at or prior to arraignment, 5 A.L.R.3d 1269. Admissibility of confession or other statement made by defendant as affected by delay in arraignment - modern state cases, 28 A.L.R.4th 1121. 22 C.J.S. Criminal Law §§ 357 to 364.