New Mexico Statutes 30-27-1. Malicious criminal prosecution
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Malicious criminal prosecution consists of maliciously procuring or attempting to procure an indictment or otherwise causing or attempting to cause a criminal charge to be preferred or prosecuted against an innocent person, knowing him to be innocent.
Terms Used In New Mexico Statutes 30-27-1
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Whoever commits malicious criminal prosecution is guilty of a misdemeanor.