Legal Question in Criminal Law in New Mexico

How does the process of warrants work when the defendant is already in jail. Is it legal to pursue as a bench warrant and arrest for another charge ? My question is curious to the fact, that in doing so this seems to be something that would prejudice a judge in bond hearings. To issue a bench warrant while in custody seems to state that defendant ignored charges and was fleeing due process. My concern is that in later bond hearings the DA can state that defendant had several warrants for his arrest and was in failure to comply. Also is having a witness to a crime testify at an arraignment legally proper? Then on the same note a 2nd arraignment is scheduled on the same case a week after the first.

Thank you for your website and immediate resonse.


Asked on 3/10/12, 10:31 am

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

Bench warrants are frequently issued when the defendant doesn't appear because he is in jail. The prosecution knows, but does not care. The BW is usually dismissed when the reason for the FTA is explained to the judge. Witness testimony is proper at arraignment from a witness who has good reason to fear the defendant about to be released. Having 2 arraignments in the same case is unusual, but can be done to correct errors or deficiencies in the first one.

Read more
Answered on 3/10/12, 1:08 pm


Related Questions & Answers

More Criminal Law questions and answers in New Mexico