Legal Question in Civil Rights Law in New Mexico

Re: Right to bond out of Jail

Under the Bail Reform Act every person is presumed to be entitled to pre-trial release under one or more conditions which will (1) ensure the safety of the community, and (2) ensure the appearance of that person at subsequent court proceedings.

Bail may be denied only when the individual constitutes a threat to his own safety or the safety of the community and/or witnesses in the case, and only after a determinatin that all possible conditions of release cannot provide that assurance.

Any person denied bail has the right to reapply to the court on a regular basis for a review of his circumstances and a reconsideration of the right to release conditions.