2011 New Mexico Statutes
Chapter 35: Magistrate and Municipal Courts
Article 5: Magistrate Court; Criminal Actions, 35-5-1 through 35-5-8
Section 35-5-1: Criminal actions; arrest followed by complaint.
35-5-1. Criminal actions; arrest followed by complaint.
Whenever a peace officer makes an arrest without warrant for a misdemeanor within magistrate trial jurisdiction, he shall take the arrested person to the nearest available magistrate court without unnecessary delay. In such cases, a complaint shall be filed forthwith by the peace officer and a copy given to the defendant at or before the time he is brought before the magistrate.
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