Rule 8-402 NMRA
Rule 8-402. Release.
A. Release during trial. A defendant released pending trial shall continue on
release during trial 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 assure the defendant's presence during the trial or to assure that the
defendant's conduct will not obstruct the orderly administration of justice.
B. Release pending sentence or new trial. A defendant released pending or
during trial shall continue on release pending the imposition of sentence or pending any
new trial 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 is necessary to assure:
(1)
that the defendant will not flee the jurisdiction of the court; or
(2)
that the defendant's conduct will not obstruct the orderly administration of
justice.
C. Defendant in custody. Nothing in this rule shall be construed to prevent the
court from releasing pursuant to Rule 8-401 a defendant not released prior to or during
trial.