New Mexico § 30-1-9 - Tolling of time limitation for prosecution for crimes

§ 30-1-9. Tolling of time limitation for prosecution for crimes

A. If after any crime has been committed the defendant shall conceal himself, or shall

flee from or go out of the state, the prosecution for such crime may be commenced

within the time prescribed in Section 1-8, after the defendant ceases to conceal himself

or returns to the state. No period shall be included in the time of limitation when the party charged with

any crime is not usually and publicly a resident within the state. B. When (1) an indictment, information or complaint is lost, mislaid or destroyed; (2) the judgment is arrested; (3) the indictment, information or complaint is quashed, for any defect or reason;

or (4) the prosecution is dismissed because of variance between the allegations of the

indictment, information or complaint and the evidence; and a new indictment, information

or complaint is thereafter presented, the time elapsing between the preferring of

the first indictment, information or complaint and the subsequent indictment, information

or complaint shall not be included in computing the period limited for the prosecution

of the crime last charged; provided that the crime last charged is based upon and

grows out of the same transaction upon which the original indictment, information

or complaint was founded, and the subsequent indictment, information or complaint

is brought within five years from the date of the alleged commission of the original

crime.