New Mexico Forms Library

9-212A.  Bench warrant.

[For use with Metropolitan Court Rule 7-207 NMRA]

STATE OF NEW MEXICO

COUNTY OF ___________________

IN THE METROPOLITAN COURT

                                                                                                                        No. ___________

[STATE OF NEW MEXICO]

[COUNTY OF ___________________]

[CITY OF _______________________]

v.

_________________________, Defendant

DOB:              _______________________

Address:        _______________________

S.S.#              _______________________

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)

[ ]         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 a citation issued by an official authorized by law and may be released on a plea of guilty and payment of $ _____________ plus a $100 bench warrant fee;¹

OR

[ ]         The defendant failed to pay fines and costs and the defendant may be released upon payment of the outstanding fine and court costs in the amount of $____________ plus a $100 bench warrant fee;¹

OR

[ ]         The defendant may be released on bond in the amount of $ ____________. The bench warrant fee will be collected on appearance.

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 metropolitan court pursuant to Section 34-8A-12 NMSA 1978. 

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

[Effective, January 1, 1993; as amended, effective January 1, 1995; January 1, 1996; July 1, 1999; as amended by Supreme Court Order No. 07-8300-034, effective January 22, 2008.]