2018 New Mexico Statutes
Chapter 35 - Magistrate and Municipal Courts
Article 5 - Magistrate Court; Criminal Actions
Section 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.
History: 1953 Comp., § 36-6-5, enacted by Laws 1968, ch. 62, § 76.
Repeals. — Laws 1968, ch. 62, § 171, repealed former 36-6-5, 1953 Comp., relating to unsatisfied executions and renewal, effective January 1, 1969.
Cross references. — For arrest followed by complaint, see Rule 6-201D NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 21 Am. Jur. 2d Criminal Law § 408, 421.
Peace officer's delay in making arrest without a warrant for misdemeanor or breach of peace, 58 A.L.R.2d 1056.
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 as affected by delay in arraignment of prisoner, 28 A.L.R.4th 1121.
