A criminal prosecution shall be commenced, conducted and terminated in accordance with Rules of Criminal Procedure. All pleadings, practice and procedure shall be governed by such rules.
History: 1953 Comp., § 41-1-3, enacted by Laws 1972, ch. 71, § 6.
Repeals and reenactments. — Laws 1972, ch. 71, § 6, repealed 41-1-3, 1953 Comp., relating to unlawful arrests and enacted a new section.
Cross references. — For Rules of Criminal Procedure, see Rules 5-101 NMRA et seq.
No obligation for sheriff or warden to schedule arraignment. — Where detainees filed a federal civil rights action against county officials, including the county sheriff and the county jail warden, alleging that the detainees' arraignment delays in county jail violated their due process rights, and where the district court granted defendants' motion to dismiss for failure to state a valid claim, the district court did not err in granting defendants' motion because compliance with the requirement to arraign detainees within fifteen days lay solely with the court, because an arraignment is a court proceeding that takes place only when scheduled by the court. Rule 5-303 NMRA does not impose any duties on the sheriff or warden to bring an arrestee to court in the absence of a scheduled arraignment. Moya v. Garcia, 895 F.3d 1229 (10th Cir. 2018).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Limitations on state prosecuting attorney's discretion to initiate prosecution by indictment or by information, 44 A.L.R.4th 401.
Structure New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 1 - Issuance of Process and Warrants
Section 31-1-3 - Method of prosecution.
Section 31-1-4 - Criminal actions; docketing action; service; return.
Section 31-1-5 - Procedures on arrest; reports.
Section 31-1-6 - Citation in lieu of arrest without a warrant.