Timeline and Important Deadlines for Misdemeanor and Petty Misdemeanor Cases in New Mexico

In the New Mexico criminal justice system, misdemeanors and petty misdemeanors follow specific procedural timelines that differ from felony cases. Like most felonies, they start in the Metropolitan Court (for Bernalillo County) and Magistrate Courts (for all other counties), but unlike felonies, they stay there from the start. Their timelines are significantly simpler and more direct; it’s important to know these timelines in order to best understand your case. 

First, what is a misdemeanor? A misdemeanor is a crime punishable by less than one year in the county jail. A full misdemeanor has a maximum penalty of 364 days in jail. A pretty misdemeanor has a maximum penalty of half a year. Traffic misdemeanors (like careless driving and DWI 1st offense) and some city code violations (like those in Albuquerque) have a maximum penalty of 90 days. The lesser punishments possible with misdemeanor crimes reflect their relatively less grave nature than felonies which have longer terms which can send a person to prison, require a period of parole and a number of other collateral consequences which have powerful and long-lasting effects. Nevertheless, misdemeanors are still serious matters which must be dealt with accordingly. 

Statute of Limitations

The statute of limitations establishes the maximum time after an alleged offense that prosecution can begin. In New Mexico, these time limits are clearly defined:

For misdemeanor offenses, prosecutors must file charges within two years from the time the crime was committed. This two-year window represents the state’s determination of a reasonable timeframe to build a case while ensuring evidence remains fresh and reliable. For petty misdemeanor offenses, the statute of limitations is shorter – just one year from the time the crime was committed. Misdemeanors must be prosecuted promptly, or not at all.

Initial Appearance and Arraignment

Following arrest or citation for a misdemeanor, defendants must be brought before the court within specific timeframes. The arraignment, where formal charges are read and the defendant enters a plea, must occur within strictly defined periods:

• For defendants not in custody: Arraignment must take place within 30 days after the filing of the complaint/citation. Upon the filing of the charge by the officer, the court issues a summons which requires the defendant’s appearance for the arraignment.
• For defendants in custody: If the Defendant is arrested on the charge, the court must conduct arraignment “as soon as practicable,” but no later than 3 days after the arrest.

If a defendant is not arrested initially and then fails to appear on a summons appearance date, the court issues a warrant which can lead to arrest and then a custody arraignment. .

The presumption is that a person arrested on a misdemeanor will be released. This is important law established by the New Mexico Constitution. However, should a person pick up charges while awaiting trial on other charges, the possibility of being stuck in jail looms large. For more, please read this blogL If I get arrested, taken to jail at MDC, and charged with a crime, will the judge let me out? – Max Pines Law

Pre-Trial Conference

The Court will hold pre-trial conferences before the trial date to ensure the Defendant has an attorney, that discovery has been turned over, that witnesses have been interviewed, and the parties have had their chance to file pre-trial motions. It is important for a defense attorney to be mindful of all discovery and potential interviews in order to hold the State to its burdens of production and ensure that all the evidence is out there. 

Time Limit for Commencement of Trial

The trial for a misdemeanor or petty misdemeanor case must commence within 182 days (approximately six months) after the date of arraignment. This deadline is very important, because if the State fails to bring the case to trial within this amount of time, the case must be dismissed. It is important to press the prosecution and enforce this timeline. Often this deadline is called “the Rule” by judges and attorneys to reflect how critical it is to these cases. Attorneys can waive the rule and ask for continuances, but in the absence of such consent or other problems in the case, the Rule is held to tight.