9-212A

[For use with Magistrate Court Rule 6-207,

Metropolitan Court Rule 7-207 and

Municipal Court Rule 8-206]

STATE OF NEW MEXICO

[COUNTY OF ____________________]

[CITY OF ______________________]

___________________ COURT

[STATE OF NEW MEXICO]

[CITY OF ______________________]

v.                                                                                                                  No. __________

_____________________________, Defendant

DOB: ______________________

Address: __________________

S.S.#_____________________

                                                BENCH WARRANT

THE (STATE OF NEW MEXICO) (MUNICIPALITY OF _______________)

TO ANY OFFICER AUTHORIZED TO EXECUTE THIS WARRANT:

YOU ARE HEREBY COMMANDED to arrest the above-named defendant and bring the defendant before this court to answer the following charges checked below unless released as indicated in the return:

(check applicable box and describe facts below)

[ ]        failure to appear as ordered by this court on ___________________;

[ ]        failure to appear as required by a subpoena issued by this court for ______________________;

[ ]        failure to appear in accordance with the conditions of release imposed by this court for __________________;

[ ]        conditions of release previously imposed should be revoked or reviewed;

[ ]        contempt of court for ____________________________

            ___________________________________________________;

[ ]        failure to pay fines or costs previously imposed by order entered _____________________ (date);

[ ]        failure to comply with conditions of probation as set forth in an order entered _______________ (date);

[ ]        failure to appear at first offender program on _________________;

[ ]        other _____________________________________.

(set forth any additional essential facts underlying issuance of this warrant)

__________________________________________________

__________________________________________________

(check and complete, if applicable)

[ ]        The defendant failed to appear either on a traffic citation (other than a citation issued for a violation listed in Section 66-8-122 or 66-8-125 NMSA 1978) or a citation issued by an official authorized by law and may be released on a plea of guilty and payment of $____________ plus a $100 bench warrant fee¹;

OR

[ ]        The defendant failed to pay fines and costs and defendant may be released upon payment of the outstanding fine and court costs in the amount of $_____________ plus a $100 bench warrant fee¹;

OR

[ ]        The defendant may be released on bond in the amount of $_____________. The bench warrant fee will be collected upon appearance.

THIS WARRANT MAY BE EXECUTED:

            [ ]        in any jurisdiction;

            [ ]        anywhere in this state;

            [ ]        anywhere in this county;

            [ ]        anywhere in this city.

            The clerk of this court shall cause this warrant to be entered into a law enforcement information system²:

            [ ]        maintained by the state police.

            [ ]        ________________________________ (identify other law enforcement information system).

___________________________                  ________________________

Date                                                                            Judge

RETURN

The defendant was arrested and taken into custody on the ____ day of _______________, ______.

[ ]        The defendant was released on bond in the amount set forth above.

[ ]        The defendant was released upon receipt of the fine and court costs set forth above.

I have caused this warrant to be removed from the law enforcement information system identified in this warrant.

_______________________

Signature

_______________________

Title

USE NOTES

1.A $100 bench warrant fee is assessed in the metropolitan court pursuant to Section 34-8A-12 NMSA 1978 and in the magistrate court pursuant to Section 35-6-5 NMSA 1978.

            2.         All metropolitan court and magistrate court felony misdemeanor and driving while under the influence of intoxicating liquor or drugs warrants must be entered into a law enforcement information system.

[Effective, January 1, 1993; as amended, effective July 1, 1999.]