Rule 8-503 NMRA

Rule 8-503. Disposition without hearing.

Last amended: 2012Year: 2012Length: 248 wordsOfficial source
A. General. This rule establishes procedures governing disposition of cases within municipal trial court jurisdiction without a hearing. These procedures do not apply to charges of driving while under the influence of intoxicating liquor or drugs, reckless driving, driving while license suspended or revoked, domestic violence, any offense for which a period of incarceration is mandatory, or any offense for which the court imposes a sentence of incarceration. This procedure applies only to penalty assessment misdemeanors for which the monetary penalty is specified by ordinance, unless the court, by written order, sets forth a schedule of additional offenses for which this procedure may be used together with the monetary penalty ordered by the court for each offense. B. Procedure. An offense shall not be disposed of without a hearing unless the person charged signs an appearance, enters a plea of no contest or guilty and waives trial. Prior to signing the document, the person charged shall be informed of the right to trial, the right to appear personally before the judge, the right to remain silent, the right to present witnesses, and the right to hire a lawyer. Provision may be made for the person charged to enter an appearance by mail, fax, or e-mail, and, if pleading guilty or no contest, to remit to the court the penalty specified by ordinance or by the court. A remittance to the court of the specified penalty without a signed appearance, plea and waiver form, shall constitute a guilty plea.
Rule 8-503 NMRA: Rule 8-503. Disposition without hearing. | Justis AI