Probation Violation Court Timeline

Summary

In New Mexico, a person arrested for a probation violation should generally see a judge within 15 days if in custody. If this doesnt happen, you can contact the Public Defenders Office or file a Writ of Habeas Corpus for unlawful detention. These steps can help expedite the process and potentially secure release.

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My fiance was arrested on nov 17th for a probation violation .he has yet to see a judge ..how long before he is able to see judge on violation?
Hello Tieyerra, the time frame can vary depending on the location. Can you please tell me where this is happening?
Gallup new mexico
Hello Tieyerra,
In New Mexico, a person arrested on a probation violation should generally:
- Be taken before a judge within 15 days if they're in custody.
- Be scheduled for a court appearance within 60 days if they're not in custody.
Please keep in mind these are general timelines and can vary.
So after the 15th day if he still has not seen a judge is there anything that can be done to get him out of jail ? This happened to him last year same time and was in jail for longer then 30 days i contacted public defenders office and they put in a request to see judge once he was able to see judge he was released..im just trying to get him home for Christmas
Hello Tieyerra,
If after 15 days he hasn't seen a judge, you may:
- Contact the Public Defender's Office as you did before.
- File a Writ of Habeas Corpus, claiming unlawful detention.
Please consider seeking legal advice.
Thank you so much you have been a great help..have a wonderful day and happy holidays to you and your family
You're welcome, Tieyerra! I'm glad I could help. Wishing you and your family a wonderful day and happy holidays as well. If you have more questions in the future, don't hesitate to reach out.