New Mexico § 35-15-3 - Procedure; commitment
Full text of New Mexico New Mexico Statutes Annotated § 35-15-3 — Procedure; commitment, with citation guidance and answers to common questions.
§ 35-15-3. Procedure; commitment
A. In any action for the violation of any ordinance in which an arrest has not been
made, a warrant for the arrest of the defendant may issue in the first instance upon
the affidavit of any person making a complaint that he has reasonable grounds to believe
the party charged is guilty. Any person arrested upon such warrant shall, without unnecessary delay, be taken
before the proper officer to be tried for the alleged offense or be allowed to post
an appropriate bond. B. Any municipality may provide by ordinance that the first process shall be a citation
or summons in cases involving violations of any municipal ordinance not amounting
to a breach of the peace, requiring the party charged to appear before the municipal
court at a time fixed in the citation or summons. The ordinance may also provide that, upon the failure of the party charged to appear,
a warrant for his arrest shall immediately issue by the municipal judge for the offense
specified in the citation or summons, commanding that the party charged shall be arrested
and proceedings had as in the case when arrest is made upon a warrant issued upon
affidavit as provided in Subsection A of this section. C. Any person upon whom any fine or penalty is imposed may, upon order of the court
convicting him, be committed to the county jail, municipal jail, detention facility
or other place provided by the municipality for the incarceration of offenders until
the fine or penalty is fully paid. The period of incarceration shall not exceed sixty days for any one offense except
as authorized in Subsection C of Section 3-17-1 NMSA 1978 . The municipal governing body may provide by ordinance that every person so committed
shall work for the municipal corporation, at such labor as his strength will permit,
within or without the jail or other place provided for the incarceration, not exceeding
ten hours each working day. Each offender shall be credited with eight times the federal hourly minimum wage
per day in reduction of any fine.
Frequently Asked Questions About New Mexico § 35-15-3
What does New Mexico Statutes Annotated § 35-15-3 cover?
Section 35-15-3 ("Procedure; commitment") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 35-15-3?
A common citation format is "New Mexico Statutes Annotated § 35-15-3" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 35-15-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.