New Mexico Statutes 31-1-6. Citation in lieu of arrest without a warrant
A. A law enforcement officer who arrests a person without a warrant for a petty misdemeanor or any offense under N.M. Stat. Ann. Chapter 17 may offer the person arrested the option of accepting a citation to appear in lieu of taking the person to jail.
Attorney's Note
Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| petty misdemeanor | up to 6 months | up to $500 |
Terms Used In New Mexico Statutes 31-1-6
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
B. A citation issued pursuant to this section shall contain the name and address of the cited person, the offense charged and the time and place to appear. The citation may be a paper citation or an electronic version of a paper citation. Unless the person requests an earlier date, the time specified in the citation shall be at least three days after issuance of the citation. The law enforcement officer shall explain the person’s rights not to sign a citation, the effect of not signing the citation, the effect of signing the citation and the effect of failing to appear at the time and place stated on the citation.
C. The person’s signature on the citation constitutes a promise to appear at the time and place stated in the citation. One copy of the citation to appear shall be delivered to the person cited, and the law enforcement officer shall keep a duplicate copy for filing with the court as soon as practicable.
D. A law enforcement officer who prepares a citation pursuant to this section may use a paper citation form or an electronic citation form to record the information required by this section. Regardless of the form of citation used, a physical copy of the citation shall be delivered to the person cited as required by this section. An electronic citation may be signed electronically and the law enforcement officer’s copy of a citation may be filed with the court electronically.
E. A citation issued pursuant to this section is a valid complaint if the person receives and signs the citation in paper or electronic form.
F. It is a petty misdemeanor for a person signing a citation not to appear at the time and place stated in the citation regardless of the disposition of the offense for which the citation was issued. A written promise to appear may be complied with by appearance of counsel.