2020 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 3 - Bail
Section 31-3-1 - Designee to accept bail.

Any statutory provision or rule of court governing the release of an accused may be carried out by a responsible person designated by the court.

History: 1953 Comp., § 41-3-1, enacted by Laws 1972, ch. 71, § 8.

Repeals and reenactments. — Laws 1972, ch. 71, § 8, repealed 41-3-1, 1953 Comp., relating to the magistrate informing the defendant of the charge and his rights, and enacted a new section.

Cross references. — For right to bail, prevention of infliction of cruel and unusual punishment, see N.M. Const., art. II, § 13.

For bail proceedings, authorization of habeas corpus, see 44-1-23 NMSA 1978.

For certiorari to committing magistrate, see 44-1-24 NMSA 1978.

For Bail Bondsmen Licensing Law, see 59A-51-1 NMSA 1978 et seq.

For right to bail under the Rules of Criminal Procedure, see Rule 5-401 NMRA.

For justification of compensated sureties, see Rule 5-401B NMRA.

For bail, release provisions in magistrate court, see Rule 6-401 NMRA.

For appearance of defendant, see Rule 6-501 NMRA.

Generally. — Provisions with regard to admitting to bail in criminal cases are based upon the idea that a person accused of a crime shall be admitted to bail until adjudged guilty by the court of last resort to him; however, this right is not absolute under all circumstances. Tijerina v. Baker, 1968-NMSC-009, 78 N.M. 770, 438 P.2d 514.

Bail within judge's discretion. — Former section did not make it compulsory for judge to grant bail, but vested in such judge a discretion. Ex parte Towndrow, 1915-NMSC-073, 20 N.M. 631, 151 P. 761.

Law reviews. — For comment, "Criminal Procedure - Preventive Detention in New Mexico," see 4 N.M.L. Rev. 247 (1974).

For article, "The Constitutionality of Pretrial Detention Without Bail in New Mexico," see 12 N.M.L. Rev. 685 (1982).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 8A Am. Jur. 2d Bail and Recognizance § 1 et seq.

Constitutional right to bail pending appeal from conviction, 19 A.L.R. 807, 77 A.L.R. 1235.

Acknowledgment of bail bond in open court, necessity of, 38 A.L.R. 1108.

Bail pending appeal from conviction, 45 A.L.R. 458.

Amount of bail required in criminal action, 53 A.L.R. 399.

Lien or encumbrance on his real property as affecting qualifications of surety on bail bond, 56 A.L.R. 1097.

Arresting one who has been released on bail, 62 A.L.R. 462.

Factors in fixing amount of bail in criminal cases, 72 A.L.R. 801.

Delay in taking before magistrate or denial of opportunity to give bail as supporting action for false imprisonment, 79 A.L.R. 13.

Disciplinary power of court in respect of suretyship in judicial proceedings, 91 A.L.R. 889.

Specific crime, necessity of reference to, in bail bond, 103 A.L.R. 535.

Rape as bailable offense, 118 A.L.R. 1115.

Mandamus to compel judge or other officer to grant accused bail or to accept proffered sureties, 23 A.L.R.2d 803.

Statutes relating to sexual psychopaths, 24 A.L.R.2d 350.

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.

Funds deposited in court in lieu of bail as subject of garnishment, 1 A.L.R.3d 936.

Insanity of accused as affecting right to bail in criminal case, 11 A.L.R.3d 1385.

Validity, construction, and application of statutes regulating bail bond business, 13 A.L.R.3d 618.

Pretrial preventive detention by state court, 75 A.L.R.3d 956.

Application of state statutes establishing pretrial release of accused on personal recognizance as presumptive form of release, 78 A.L.R.3d 780.

When is a person in custody of governmental authorities for purpose of exercise of state remedy of habeas corpus - modern cases, 26 A.L.R.4th 455.

Liability of surety on bail bond taken without authority, 27 A.L.R.4th 246.

8 C.J.S. Bail; Release and Detention Pending Proceedings §§ 4 to 9, 14, 15, 17 to 30, 33 to 41, 43 to 58, 62, 64, 66, 67, 69 to 75, 81.