New Mexico Forms Library

9-212C.  Bench warrant.

[For use with Magistrate Court Rule 6-207 NMRA and Municipal Court Rule 8-206 NMRA]

STATE OF NEW MEXICO

[COUNTY OF ___________________]

[CITY OF _______________________]

__________________ COURT

[STATE OF NEW MEXICO]

[COUNTY OF ___________________]

[CITY OF _______________________]

v.                                                                                                                     No. ____________

________________________________, Defendant

DOB:              ______________

Address:        ______________

S.S.#:             ______________

Charging Police Department         ____________________________

Charges                                             ____________________________

BENCH WARRANT

THE (STATE OF NEW MEXICO) (MUNICIPALITY OF __________________)

TO ANY OFFICER AUTHORIZED TO EXECUTE THIS WARRANT:

YOU ARE HEREBY COMMANDED to arrest the above-named defendant and bring the defendant before this court to answer the following charges checked below unless released as indicated in the return:

(check applicable box and describe facts below)

[ ]         failure to appear as ordered by this court on __________________;

[ ]         failure to appear as required by a subpoena issued by this court for __________________;

[ ]         failure to appear in accordance with the conditions of release imposed by this court for __________________;

[ ]         conditions of release previously imposed should be revoked or reviewed;

[ ]         contempt of court for _______________________________________________;

[ ]         failure to pay fines or costs previously imposed by order entered __________________ (date);

[ ]         failure to comply with conditions of probation as set forth in an order entered __________________ (date);

[ ]         failure to appear at first offender program on ________________________;

[ ]         other ____________________________________________________________

            ________________________________________________________________

            (set forth any additional essential facts underlying issuance of this warrant).

(check and complete, if applicable)

[ ]         1. BOND: The defendant may be released on bond in the amount of $_________. The bench warrant fee will be collected upon appearance. 

OR

[ ]         2. PAYMENT: The defendant failed to appear either on a traffic citation (other than a citation issued for a violation listed in Section 66-8-122 or 66-8-125 NMSA 1978, or similar municipal ordinance) or a citation issued by an official authorized by law and may be released on a plea of guilty and payment of $ __________, which includes a $100 bench warrant fee¹.

OR

[ ]         3. PAYMENT:  The defendant failed to pay fines and costs as ordered by the court and defendant may be released upon payment of the outstanding fine and court costs in the amount of $ __________, which includes a $100 bench warrant fee¹.

IT IS HEREBY ORDERED THAT UPON SERVICE OF OR SURRENDER PURSUANT TO THIS WARRANT, DEFENDANT IS TO PAY THE $100 BENCH WARRANT FEE, as reflected above.¹

THIS WARRANT MAY BE EXECUTED:

            [ ]         in any jurisdiction;

            [ ]         anywhere in this state;

            [ ]         anywhere in this county;

            [ ]         anywhere in this city.

            The clerk of this court shall cause this warrant to be entered into a law enforcement information system²:

            [ ]         maintained by the state police.

            [ ]         __________________ (identify other law enforcement information system).

______________________________                 ________________________________

Date                                                                            Judge

RETURN

The defendant was arrested and taken into custody on the ________ day of ______________, ________.

[ ]         The defendant was released on bond in the amount set forth above.

[ ]         The defendant was released upon receipt of the fine and court costs set forth above.

I have caused this warrant to be removed from the law enforcement information system identified in this warrant.

                                                                        ___________________________________

                                                                        Signature

                                                                        ___________________________________

                                                                        Title

USE NOTES

            1.         A $100 bench warrant fee is assessed in the magistrate court pursuant to Section 35-6-5 NMSA 1978.  Municipal courts not authorized to assess the bench warrant fee must modify this form accordingly.

            2.         All magistrate court felony, misdemeanor, and driving while under the influence of intoxicating liquor or drugs warrants must be entered into a law enforcement information system.

            3.         The warrant may be executed in “any jurisdiction” only if it is a felony warrant.

            4.         If the court checks alternative 2, it must also check alternative 1.

[Approved by Supreme Court Order No. 07-8300-034, effective January 22, 2008; as amended by Supreme Court Order No. 13-8300-005, effective for all cases pending or filed on or after May 5, 2013.]