According to New Mexico state law ”…when a warrant is issued in a criminal action, it shall be directed to a law enforcement officer, and the defendant named in the warrant shall, upon arrest, be brought by the officer before the court without unnecessary delay.”
What this means is that if a person has an arrest warrant in the state of New Mexico there is an active court order in place that states to arrest and incarcerate the individual as soon as possible.
Although New Mexico does not require an arrest warrant to arrest an individual, under certain circumstances, when there is a warrant involved the subject of the warrant is at risk of being thrown in jail at any time.
A person with an arrest warrant can be:
- Handcuffed and placed into a police vehicle
- Forced to come out of their home
- Sought after to the extent of breaking down doors
If a person has an arrest warrant against them the police will not negotiate. The individual will be taken to jail and booked on charges.
If you believe that you or somebody that you know has a warrant, we recommend that you do a New Mexico warrant search to know for sure so that you can take action on your own terms.
Active Warrants in New Mexico
If an individual has an active, or outstanding, warrant in the state of New Mexico it means that action will be taken against them by law enforcement when they come into contact with them. Depending on the severity of the warrant, and the risk of the person not being in custody, police will either actively seek out the individual, or passively allow the individual to be apprehended during a traffic stop or other police contact.
An active warrant simply means that the warrant has not been executed. The execution of a warrant will be different for each one depending on the circumstances within the warrant. Police offers might:
- Arrest the person
- Question the person
- Search the person
The type of warrant that has been issued will determine the way that the police handle it at the time of contact.
Types of Warrants in New Mexico
There are a plethora of types of warrants that can be placed upon a person or even a business. However, when it comes to regular everyday warrants in New Mexico the three most common are:
- Bench warrants
- Arrest warrants
- Search warrants
Even though all three types of warrants are essentially official documents of the court that demand action, each of these warrants has its own unique standards that set them apart from one another.
Some warrants will be to arrest and detain an individual, some will allow officers to search the property of the subject. Some will be for both the arrest and search of an individual. In any event, once any of these warrants are issued, the only way to resolve them is to face the consequences of them.
Warrant Records Search
Bench Warrants in New Mexico
A bench warrant is a very common occurrence in most of the courtrooms in the United States. When a defendant fails to comply with a court order the judge will issue a warrant to remand the person into custody. This warrant will be issued from the judge’s bench in the courtroom.
This particular type of warrant is issued solely by a judge without the input or assistance of law enforcement officers.
The warrant will demand that the defendant be brought back to court to face the judge. In some cases the police will arrest the defendant and bring them to jail, in others, the police will issue a summons for the defendant to appear in court on their own.
Some bench warrants will have a bond, or bail, amount. Others will require the defendant to appear before a judge without bail.
Instances that will invoke the issuance of a bench warrant can be:
- Failure to appear in court on an appointed date and time
- Failure to comply with a direct order from the court
- Failure to show up to a court-appointed sentence
A bench warrant is much like an arrest warrant in the sense that police will have the authority to arrest and detain the person named in the warrant on sight. However, an arrest warrant is issued as the result of a new criminal charge as opposed to a court proceeding that is already in progress.
Bench warrants do not expire or fade away with time, the only way to clear one is to either go to jail or appear in court.
Arrest Warrants in New Mexico
An arrest warrant is when a judge or a magistrate determines that there is probable cause to show that the person named in the warrant has broken the law. In most cases, after the district attorney files charges against the defendant, the judge will grant a warrant for the arrest of the individual.
Some instances of probable cause that could merit an arrest warrant are:
- A criminal investigation produced incriminating evidence against the defendant
- An eyewitness reported the defendant doing a crime
- Police saw the defendant fleeing a crime scene
Probable cause is up to the discretion of the judge. There does not need to be hard evidence in order to issue an arrest warrant.
Arrest warrants can be issued for misdemeanors and felonies. Some arrest warrants will have a bond amount on them, while others will not. All arrest warrants, however, are issued so that the person named in them is arrested and booked on the charges that are against them.
The arresting officers do not have an option to set felony arrest warrants free with a summons.
Just like bench warrants, arrest warrants do not expire. The only way to clear them is to be arrested and face a judge.
Search Warrants in New Mexico
Another type of warrant is a search warrant. Usually, a search warrant is issued after police officers or a district attorney approaches a judge with probable cause to merit a search and seizure of property.
A search warrant gives police and other law enforcement agencies permission to search the personal property of an individual. Without a search warrant, authorities aren’t supposed to be able to search anybody’s property without permission. However, police can use the pretense of probable cause to conduct a search.
Search warrants are issued because individuals are being investigated for crimes such as:
- Selling illegal drugs
- Selling illegal guns
- In possession of stolen property
Since search warrants are constructed in secrecy they are also veiled from public sight until they have been executed. The reason for this is so that the person being searched will not have an idea that a warrant exists until after they have been searched.
When law enforcement officers initiate a search they have to be careful to stay within the boundaries of the laws, and the stipulations within the warrant. If the search is conducted in a manner that contradicts the warrant it can be deemed illegal. An illegal search will not provide legal evidence to support the case against the defendant.
How to Know if You Have Warrants
The way to determine whether or not you have a bench warrant or an arrest warrant out for you is to do a warrant search. Although this type of inquiry will not show search warrants unless they have already taken place, the kind of warrants that can get you arrested will be public knowledge. Conduct regular searches so that just in case a warrant is issued against you it won’t have to result in an embarrassing arrest.
***Regardless of which state you live in it is always wise to contact an attorney for any questions that you may have when it comes to warrant laws or any other legal concerns. The content found on this website is only for informational purposes and is not to be mistaken for legal advice.