Legal Question in Criminal Law in New Mexico

If i agree to bond someone out of jail, who will stay with us until the court proceedings are completed, and the judge orders; as a condition of his release, that my entire home & property is subject to searches at any time day or night; and i live in a different county than the judge has juristdiction....is this legal? if so, to what extent is any of it legal?


Asked on 7/01/10, 2:07 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

If you agree to provide bond for someone under the court's jurisdiction, you agree to the conditions imposed for their release. You are not only bonding someone out, you are also agreeing to act as third-party custodian. As such, you agree to observe all of the conditions of release imposed by the court. The court retains jurisdiction over the defendant no matter where he goes, so if you are going to supervise him/her in your home in another county, you are going to have to follow the imposed conditions. If you do not wish to follow the court's orders, then let someone else who will be the custodian. The conditions you describe are typically imposed in drug cases.

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Answered on 7/01/10, 6:40 am


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