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New Mexico Writ Form

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Instructions and help about writ restitution act

pretrial release is the release of individuals who have not yet gone to trial the new mexico constitution states that bail or release bail equals release may only be denied by a court of record pending trial for a defendant who is charged with felony charges and only if a prosecutor requests a hearing and proves by clear and convincing evidence that no conditions will reasonably protect the safety of any other person or the community this is known as preventative detention if a request for preventative detention has not been filed then it is presumed that that person is releasable and the defendant by law should be ordered to the least restrictive conditions to ensure that they appear for all future court hearings and remain arrest free the new mexico constitution in article 2 section 13 also states that a person who is not a danger to the community and does not pose a risk of not showing up to court should be released and cannot be held in custody simply on a financial condition in wh

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