Rule 5-405. Appeal from orders regarding release or detention.

A. Right of appeal. A party may appeal an order regarding release or detention as provided by Article II, Section 13 of the New Mexico Constitution, Section 39-3-3(A)(2) NMSA 1978, or as otherwise provided by law. In accordance with the Rules of Appellate Procedure, an appeal may be filed in the Supreme Court or Court of Appeals, as jurisdiction may be vested by law, under the following circumstances. (1) Order setting conditions of release. After a hearing by the district court under Rule 5-401(H) or (K) NMRA, the defendant may appeal if (a) the defendant is detained or continues to be detained because of an inability to post a secured bond or meet a condition of release; or (b) the defendant is subject to a condition of release that requires the defendant to return to custody for specified hours following release for employment, schooling, or other limited purposes. (2) Order revoking release. After a hearing by the district court under Rule 5-403 NMRA, the defendant may appeal if the defendant is subject to an order revoking release. (3) Order granting or denying motion for pretrial detention. After a hearing by the district court under Rule 5-409 NMRA, (a) the defendant may appeal if the district court has granted the prosecutor’s motion for pretrial detention; or (b) the state may appeal if the district court has denied the prosecutor’s motion for pretrial detention. B. Stay of proceedings. An appeal under this rule does not stay proceedings in the district court.