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New Mexico Supreme Court issues opinion to provides guidance about pretrial detention


SANTA FE, N.M. (AP) — The New Mexico Supreme Court issued an opinion Monday providing guidance to district courts in deciding pretrial detention requests from prosecutors and clarifying when the judiciary can deny bail under the state’s no-money bail system.

The justices clarified the analysis that courts should follow in determining whether legal requirements have been met for a person charged with a felony to be held in jail while awaiting trial.

Under state law, a felony defendant may be detained if prosecutors file a written motion and prove to a district court that the charged person is dangerous and that release conditions will reasonably protect the safety of any other person or the community.

In February, the high court reversed a district court’s denial of a motion for pretrial detention of a Bernalillo County man charged with first-degree murder.

But while the state Supreme Court’s decision was being sorted out, the suspect allegedly cut off his ankle monitor while awaiting trial. He was arrested weeks later.

The Associated Press