31-15-12. Explanation of rights; waiver of counsel; application fee;
330 words·~2 min read·
/nm/chapter-31-criminal-procedure/article-15-public-defenders/31-15-12·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
indigency determination.
A. If any person charged with any crime or a delinquent act that carries a possible sentence of imprisonment appears in any court without counsel, the judge shall inform the person of the person's right:
(1)to confer with the district public defender; and
(2)if the person is financially unable to obtain counsel, to be represented by the district public defender at all stages of the proceedings against the person.
B. Following notification of any person under Subsection A of this section, the judge shall notify the district public defender and continue the proceedings until the person has applied with the district public defender.
C. A person shall pay a nonrefundable application fee of ten dollars ($10.00) at the time the person applies with the public defender for representation. The fee shall be deposited in the public defender automation fund. The public defender shall determine if the person is indigent and unable to pay the fee, subject to review by the court. When the person remains in custody and is unable to pay the fee, the court may waive payment of the fee. A child subject to the provisions of the Delinquency Act [Chapter 32A, Article 2 NMSA 1978] shall not be required to pay the application fee.
D. Peace officers shall notify the district public defender of any person not represented by counsel who is being forcibly detained and who is charged with, or under suspicion of, the commission of any crime that carries a possible sentence of imprisonment, unless the person has previously appeared in court upon that charge.
E. Any person entitled to representation by the district public defender may intelligently waive the right to representation. The waiver may be for all or any part of the proceedings. The waiver shall be in writing and countersigned by a district public defender.
History: 1953 Comp., § 41-22A-12, enacted by Laws 1973, ch. 156, § 12; 1993, ch. 79, § 1; 2021, ch. 15, § 2.