Legal Question in Criminal Law in New Mexico

In the State of New Mexico a criminal complaint has been filed on receiving or transfering a stolen motor vehicle. Then a Dismissal of complaint was filed. Now a bind over is happening. what does bind over to District Court mean? Is it worse then Magistate Court? What are the next proceddings in this matter? Will an inmate be released or have to sit and wait for a court date?


Asked on 7/08/10, 1:41 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

The charge is a felony. All felonies are in the District Court in NM. Preliminaries, such as bond, etc., are held in the magistrate court, which can do the arraignment, but has no jurisdiction over felonies. The defendant will be arraigned in DC, bond will be set, and the process of heading towards trial will begin. Whether the inmate is released depends upon whether or not he can meet the bond requirements of the DC.

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Answered on 7/08/10, 8:14 am


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