Rule 10-222 NMRA
Rule 10-222. Probable cause determination for delinquency offenses.
A. When required. A probable cause determination shall be made in all cases in
which the arrest has been made without a warrant and the respondent child has not
been released. The probable cause determination shall be made promptly by a district
judge, magistrate or special master, but in any event within forty-eight (48) hours after
custody commences and no later than the first appearance of the respondent child
whichever occurs earlier.
B. How conducted. The determination that there is probable cause shall be
nonadversarial and may be held in the absence of the respondent child and of counsel.
No witnesses shall be required to appear unless the court determines that there is a
basis for believing that the appearance of one or more witnesses might lead to a finding
that there is no probable cause.
C. Amended statement of probable cause. If the statement of probable cause
fails to make a written showing of probable cause, an amended statement of probable
cause may be filed with sufficient facts to show probable cause for detaining the
respondent child.
D. Failure to show probable cause. If the court finds that there is no probable
cause to believe that the respondent child has committed an offense, the court shall
order the immediate release of the respondent child.