Legal Question in Criminal Law in New Mexico

I was watching a friends house and secret service executed a warrant. I had drugs, scale and baggies on me. I was arrested and charged with trafficing of a crontrolled substance. This happend on 3/24/10. I did not receive a letter until begining of July 2010. Does the 60 day rule apply?? scheduled for GJI on 8/4/10


Asked on 7/28/10, 3:18 pm

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

There is no more 60 day rule in NM, and if there was it would not apply to your case. Once you are indicted and arraigned, speedy trial issues may come into play, but no more 60 days to trial, which is what the old rule dealt with. A 4-5 month delay between arrest and indictment is not at all unusual in NM.

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Answered on 8/02/10, 4:59 pm


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