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Rule Set 10 - Children's Court Rules and Forms - cited by 508 documents

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10-702. Probable cause determination.

[For use with Rules 10-221 and 10-222 NMRA]

 

STATE OF NEW MEXICO

COUNTY OF _____________________

_______________ JUDICIAL DISTRICT

IN THE CHILDREN’S COURT

 

In the Matter of _____________, a Child.                                               No. __________

 

PROBABLE CAUSE DETERMINATION

(For use only if the child

has been arrested without a warrant

and has not been released)

 

Finding of probable cause

[  ]        I find that there is probable cause to believe that an offense has been committed by the above-named child.

 

IT IS ORDERED that the child be:

[  ]        detained

[  ]        detained, unless after the preliminary inquiry the juvenile probation officer determines that release is appropriate.

[  ]        released on personal recognizance.

[  ]        released on the conditions of release set forth in the release order.

[  ]        ________________________________________________________________

 

Failure to make showing of probable cause

[  ]        I find that probable cause has not been shown that an offense has been committed by the above-named child. It is therefore ordered that the child be immediately discharged from custody.

                                                                                    _______________________

                                                                                    Date

                                                                                    _______________________

                                                                                    Judge

 

USE NOTES

 

            This form may be used for any child taken into custody. If the child has a right to bail, the amount of bail and any conditions of release must also be determined. This form is not necessary if the child was arrested on an arrest warrant or a finding of probable cause is endorsed by the judge on the petition or on a statement of probable cause.

[Adopted, effective November 1, 1995; 10-431 recompiled and amended as 10-702 by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.