9-303A

[For use with Magistrate Court Rule 6-401,

Metropolitan Court Rule 7-401 and

Municipal Court Rule 8-401]

STATE OF NEW MEXICO

[COUNTY OF___________________]

[CITY OF_____________________]

__________________________ COURT                              No. ___________

[STATE OF NEW MEXICO]

[COUNTY OF __________________]

[CITY OF ____________________]

v.

________________________________, Defendant

RELEASE ORDER AND BOND

It is ordered that the defendant be released from custody subject to the following conditions:

(check and complete applicable alternatives)

[ ]        Personal recognizance

[ ]        Unsecured appearance bond of $_______________

[ ]        Third party custodian: _________________________ (name)

________________________ (address)

_____________________________________ (city & zip code) _________________________ (telephone)

[ ]        Secured bond of $___________________:

            [ ]        cash at ___% of a bond

            [ ]        bail bond executed on Form 9-304

            [ ]        property bond executed on Form 9-304

I agree to appear before the court on ________________, at ______ [a.m.] [p.m.] located at ______________________________ and thereafter at such times and places required in this case by any court.

I further agree:

[ ]        not to possess firearms or dangerous weapons;

[ ]        not to possess or consume alcohol or enter liquor establishments;

[ ]        not to violate any federal, state or local criminal law;

[ ]        to notify the court of any change of address;

[ ]        not to leave the [county of _____________] [State of ____________] without prior permission of the Court'

[ ]        to maintain contact with my attorney;

[ ]        to avoid all contact with the alleged victim or anyone who may testify in this case;

[ ]        (other conditions) ____________________________________

______________________________________________________.

Judicial approval of conditions:

__________________________                    __________________________

Date ordered                                                   (Judge) (designee)

Defendant's approval of conditions:

I UNDERSTAND THE ABOVE CONDITIONS OF RELEASE AND AGREE TO THEM.

If I fail to appear or if I violate a condition of release, I understand that bond will be forfeited and I agree to pay the amount of the bond to the state. I understand that additional criminal charges may be filed if I violate conditions of release.

_________________                          _____________________________

Date of signature                                Defendant's signature

_________________                          _____________________________

Date of release                                    Address (mailing)

_________________                          _____________________________

Time of release                                   City, state, zip

                                                                        _____________________________

                                                                        Defendant's telephone number

USE NOTE

(Do not print use note on pre-printed forms)

This form may be used instead of Form 9-303 if the defendant is to be released on a secured or unsecured appearance bond or bail bond. It has been designed for printing on one page. It may be modified to include any of the conditions set forth on Form 9-303.

If a surety provides bond for the defendant, Form 9-304 must also be completed. If a third party custodian is named, a third-party custodian agreement must also be completed and signed.

A paid surety may post cash with the court provided the paid surety executes an agreement that upon forfeiture the paid surety will pay the balance of the full amount of the bail set forth above.

[Adopted, effective January 1, 1995.]