Rule 5-402. Release; during trial, pending sentence, motion for new trial and appeal.

A. Release during trial. A defendant released pending trial under Rule 5-401 NMRA shall continue on release under the same terms and conditions as previously imposed, unless the court determines that other terms and conditions or termination of release are necessary to ensure the defendant’s presence during the trial or to ensure that the defendant’s conduct will not obstruct the orderly administration of justice. B. Release pending sentencing. A defendant released pending or during trial may continue on release pending the imposition of sentence under the same terms and conditions as previously imposed, unless the surety has been released or the court has determined that other terms and conditions or termination of release are necessary to ensure (1) that the defendant will not flee the jurisdiction of the court; (2) that the defendant’s conduct will not obstruct the orderly administration of justice; or (3) that the defendant does not pose a danger to any other person or to the community. C. Release after sentencing. After imposition of a judgment and sentence, the court, on motion of the defendant, may establish conditions of release pending appeal or a motion for new trial. The court may utilize the criteria listed in Rule 5-401(C) NMRA, and may also consider the fact of defendant’s conviction and the length of sentence imposed. The defendant shall be detained unless the district court after a hearing determines that the defendant is not likely to flee and does not pose a danger to the safety of any other person or the community if released. In the event the court requires a secured bond in the same amount as that established for release pending trial, the bond previously furnished shall continue pending appeal or disposition of a motion for a new trial, unless the surety has been discharged by order of the court. Nothing in this rule shall be construed as prohibiting the judge from increasing the amount of bond on appeal. D. Revocation of release or modification of conditions of release pending appeal. The taking of an appeal does not deprive the district court of jurisdiction under Rule 5-403 NMRA, and the state may file a motion in the district court for revocation of release or modification of conditions of release on appeal.