9-207A

[For use with with District Court Rule 5-301,

Magistrate Court Rule 6-203,

Metropolitan Court Rule 7-203 and

Municipal Court Rule 8-202]

STATE OF NEW MEXICO

[COUNTY OF___________________]

[CITY OF_____________________]

__________________________ COURT                              No. ___________

[STATE OF NEW MEXICO]

[COUNTY OF __________________]

[CITY OF ____________________]

v.

________________________________, Defendant

                                                PROBABLE CAUSE DETERMINATION

(For use only if the defendant

has been arrested without a warrant

and has not been released)

Finding of Probable Cause

[ ]        I find that there is a written showing of probable cause to believe that a crime has been committed and that the above named defendant committed it.

            It is ordered that the defendant shall be released:

            [ ]        on personal recognizance.

            [ ]        on the conditions of release set forth in the release    order.

Failure to Make Showing of Probable Cause

[ ]        I find that probable cause has not been shown that a crime has been committed and that the above named defendant committed it.

It is therefore ordered that the complaint against the defendant be and the same is hereby dismissed without prejudice and the defendant be immediately discharged from custody.

                                                                                    ________________________

                                                                                    Date

                                                                                    _________________________

                                                                                    Judge

Unless the defendant has been released on personal recognizance, the amount of bail set and any conditions of release prescribed by a designee must also be reviewed.

This form is not necessary if the finding of probable cause is endorsed by the judge on the criminal complaint or on a statement of probable cause.

[Approved effective September 1, 1990.]