Legal Question in Criminal Law in New Mexico

Re: If a case was given a Nolle Prosequi Can a bench warrent be submitted?

It is a matter of timing. If the required documents are entered into the system and the case is dismissed before a scheduled court appearance, then the answer is no. If, however, the dismissal documents are floating in the system and do not get to the court file by the time of a scheduled court appearance, then the bench warrant will issue automatically. This last situation happens frequently.

Also, it takes some time to purge a bench warrant from the system even after the case has been dismissed, assuming dismissal after the warrant issues. This can be anywhere from a few days to a few weeks.

The easiest thing to do is to appear in court in answer to the bench warrant with a copy of the Nolle Prosequi to give to the Judge in case the originals are lost in the system, which is most likely in your case.

Re: If a case was given a Nolle Prosequi Can a bench warrent be submitted?

Yes, if you were subpoenaed to court, and did not appear, you violated a court order and can be arrested and fined for that.