Legal Question in Criminal Law in New Mexico

Re: NMSA 30-1-11 & County jail time

If a person sits in jail for 6 months before being sentenced, is it legal to be given no credit for time served? Is there a 365 day maximum for serving time in a county jail, & if so, are there exceptions to this rule?


Asked on 9/04/08, 8:34 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Re: NMSA 30-1-11 & County jail time

Any sentence of more than one year is a felony in NM and must be served in the DOC (prison). It is standard in NM to give credit for time-served in the county jail, although certain magistrates throughout the state do not know the law and do not care. Some defendants may stay more than one year in county awaiting trial for various reasons, but not as a sentence for a misdemeanor crime of conviction. One who is not given credit may apply for a Writ of Habeas Corpus to the District Court in the county of confinement. Also, the local Public Defender may be able to help.

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Answered on 9/04/08, 11:52 am


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