New Mexico Probation Violation

by aar095 on November 27, 2011

probationIn New Mexico, defendants who have been accused of a probation violation enjoy far fewer due process rights than when originally accused of a crime. See State v. Guthrie decision.

Some of the differences:

  • No right to speedy hearing to set conditions of release
  • Limited right to confront his or her accusers
  • Hearing is before a judge, not a jury
  • “Reasonable certainty” standard of proof is much lower than “beyond a reasonable doubt” for those presumed innocent

The process is informal, and the level of proof lower, but the accused does have the right to a speedy preliminary and final hearing as to the alleged violation. Depending on the severity of the original crime, the seriousness of the alleged violation, and many other factors, your lawyer may be able to argue to reinstate the original terms of probation with very little additional penalty. Of course the worst case is that, in spite of your attorney’s best efforts, the judge finds a violation and decides to impose the remainder of the sentence from the original conviction.

New_Mexico_probation, NM_ probation, probation, violation, revocation, lawyer, attorney, New Mexico Apr 28, 2016

{ 1 comment… read it below or add one }

Chris Gorman February 23, 2016 at 12:35 am

What are the consequences for probation violation? What are the conditions for a person being on probation with his 5th DWI, but has picked up his 6th DWI. Well the person be looking at a couple of months in JAIL? OR IS HE LOOKING AT PRISON time

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