After Your Arrest, How Long Does the State Have to Press Charges?

Posted on by JACK MKHITARIAN

New Mexico Criminal Defense Attorney - New Mexico Criminal Law OfficesMost people would agree that being arrested and taken into custody ranks among life’s most traumatic experiences. When your release is arranged – and not a minute too soon – you then have the stress of waiting, wondering, and worrying about what the charges will be and the severity of the criminal penalties that you may be facing.

Get a Criminal Defense Lawyer to Represent You Right Away!

The advice of our experienced Albuquerque criminal attorneys at New Mexico Criminal Law Offices is: Don’t wait to find out! Your best course of action is to speak with a criminal lawyer as soon as possible after your arrest.

If you have not yet retained an attorney, understand that the police report is the only evidence the prosecutor has on which to base a decision about the charges, and information provided in the police report may be biased to law enforcement’s perspective. Our seasoned New Mexico criminal trial lawyers may be able to plead your case to the prosecutor before the charges are even filed.

If you come to us for help immediately after your arrest, we can take action on your behalf right away. We will thoroughly investigate your case and ensure that the prosecutor has all the facts about the circumstances surrounding your arrest, including those that may have been omitted in the police report.

Defense evidence has a tendency to slip away. Video evidence can be taped over, private security cameras may not retain their data, and dispatch calls are only kept for a limited time. Also, eyewitness statements are considerably more credible when taken within a few days of the incident. Therefore, a delay in hiring a criminal defense attorney can seriously weaken your defense case.

How Long Does the Prosecutor Have to File Charges in New Mexico?

As discussed by New Mexico Courts, in felony cases the defendant is advised of his or her rights, including the right to counsel, in an initial appearance before the court, which must occur within 48 hours after the defendant is taken into custody. A preliminary hearing date is set at the initial appearance or shortly thereafter. The preliminary hearing or a Grand Jury Proceeding must be held within 10 days for a defendant in custody or within 60 days for a defendant who is not in custody or that person’s conditions of release will expire.

An “information” is a document signed by the District Attorney and contains the basic facts of the case, the common name of the offense(s) the defendant is charged with, and the number of the NM Statutes section defining the offense. New Mexico Courts states that an information must be filed within 30 days after a preliminary examination or waiver are completed, unless the court grants an extension after a motion is filed by the D.A.’s office.

New Mexico Criminal Lawyers Protecting Your Rights

If you have been arrested, don’t wait for the State to do its worst – take action immediately to get a dedicated legal advocate protecting your rights. At New Mexico Criminal Law Offices, we are experienced trial lawyers who have focused our practice on protecting our clients against criminal charges.

Each case we handle is unique, and each client receives our full attention and thorough, personalized representation. Contact our office today for a free initial consultation. Our aggressive representation and the bold strategies we employ could make all the difference in the outcome of your case.