Legal Question in Criminal Law in New Mexico

Detainment

How long can someone be detained by the police for questioning? If they are not charged with anything is there a time limit for holding someone in jail?


Asked on 12/17/03, 9:54 pm

1 Answer from Attorneys

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

Re: Detainment

Law enforcement may not hold anyone for questioning unless the person being held agrees. One must be either under arrest, the subject of an immediate investigation [such as for DWI], or subject to an ancillary Court Order in New Mexico in order to be detained. If none applies, the person is legallly free to go.

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Answered on 12/18/03, 3:39 am


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