Rule 8-501. Arraignment; first appearance.

A. Explanation of rights. Upon the first appearance of the defendant in response to a summons, warrant, or arrest, the court shall determine that the defendant has been informed of the following: (1) the offense charged; (2) the penalty provided by ordinance for the offense charged; (3) the right to bail; (4) the right, if any, to the assistance of counsel at every stage of the proceedings; (5) the right, if any, to representation by an attorney at municipal expense; (6) the right to remain silent, and that any statement made by the defendant may be used against the defendant; (7) that, if the defendant pleads guilty or no contest, it may have an effect upon the defendant’s immigration or naturalization status, and if the defendant is represented by counsel, the court shall determine that the defendant has been advised by counsel of the immigration consequences of a plea. The court may allow the defendant reasonable time and opportunity to make telephone calls and consult with counsel. B. Entry of plea. The court shall require the defendant to plead to the complaint under Rule 8-302 NMRA, and if the defendant refuses to answer, the court shall enter a plea of “not guilty” for the defendant. If, after entry of a plea of “not guilty,” the defendant remains in custody, the action shall be set for trial as soon as possible. C. Insanity or incompetency. If the defendant raises the defense of “not guilty by reason of insanity at the time of commission of an offense,”, after setting conditions of release, the action shall be transferred to the district court. If a question is raised about the defendant’s competency to stand trial, the court shall proceed under Rule 8-507.1 NMRA. D. Waiver of arraignment. With prior approval of the court, an arraignment may be waived by the defendant filing a written waiver of arraignment. A waiver of arraignment and entry of a plea shall be substantially in the form approved by the Supreme Court. E. Bail. If the defendant has not been released by the court or the court’s designee, the court shall enter an order prescribing conditions of release in accordance with Rule 8-401 NMRA.