New Mexico § 31-1-6 - Citation in lieu of arrest without a warrant
Full text of New Mexico New Mexico Statutes Annotated § 31-1-6 — Citation in lieu of arrest without a warrant, with citation guidance and answers to common questions.
§ 31-1-6. Citation in lieu of arrest without a warrant
A. A law enforcement officer who arrests a person without a warrant for a petty misdemeanor
or any offense under Chapter 17 NMSA 1978 may offer the person arrested the option of accepting a citation to appear in lieu
of taking the person to jail. B. A citation issued pursuant to this section shall contain the name and address of
the cited person, the offense charged and the time and place to appear. The citation may be a paper citation or an electronic version of a paper citation. Unless the person requests an earlier date, the time specified in the citation shall
be at least three days after issuance of the citation. The law enforcement officer shall explain the person's rights not to sign a citation,
the effect of not signing the citation, the effect of signing the citation and the
effect of failing to appear at the time and place stated on the citation. C. The person's signature on the citation constitutes a promise to appear at the time
and place stated in the citation. One copy of the citation to appear shall be delivered to the person cited, and the
law enforcement officer shall keep a duplicate copy for filing with the court as soon
as practicable. D. A law enforcement officer who prepares a citation pursuant to this section may
use a paper citation form or an electronic citation form to record the information
required by this section. Regardless of the form of citation used, a physical copy of the citation shall be
delivered to the person cited as required by this section. An electronic citation may be signed electronically and the law enforcement officer's
copy of a citation may be filed with the court electronically. E. A citation issued pursuant to this section is a valid complaint if the person receives
and signs the citation in paper or electronic form. F. It is a petty misdemeanor for a person signing a citation not to appear at the
time and place stated in the citation regardless of the disposition of the offense
for which the citation was issued. A written promise to appear may be complied with by appearance of counsel.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 31-1-6
What does New Mexico Statutes Annotated § 31-1-6 cover?
Section 31-1-6 ("Citation in lieu of arrest without a warrant") 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 § 31-1-6?
A common citation format is "New Mexico Statutes Annotated § 31-1-6" (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 § 31-1-6 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.