Legal Question in Criminal Law in New Mexico

what does it mean when the da is offering a time waiver in a juvenile criminal case?


Asked on 9/13/09, 9:57 pm

1 Answer from Attorneys

Dennis W. Montoya The Law Offices of Dennis W. Montoya

The "time waiver" is a waiver by the juvenile of the time limits to take him to court. When the DA offers a "time waiver" it means that the child is agreeing that he can be prosecuted later than he ordinarily would. Why would anyone agree to that? Because what the DA is really offering is NOT to prosecute if the child stays out of trouble for a specified period of time. That is why the "time waiver" is signed - to allow the threat of a late prosecution if the kid messes up again during the time waiver period. If the kid incurs no new referral to juvenile authorities during the time waiver period, then the case just goes away.

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Answered on 9/19/09, 7:53 am


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