This is an official form from the United States District Court District of New Mexico, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New Mexico statutes and law.
New Mexico Petition for Exoneration and Discharge of Bond
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How to fill out New Mexico Petition For Exoneration And Discharge Of Bond?
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FAQ
In general, an exoneration occurs when a person who has been convicted of a crime is officially cleared based on new evidence of innocence.
After the defendant has been acquitted or charges have been dropped, the money will be returned to the person who posted bail.If the person is found guilty, the bail goes toward court fees. In those cases, the court keeps all the bail money and does not issue a refund.
An acquittal means not guilty; however, it does not necessarily mean that proof of innocence was made. To be exonerated, one is both found not guilty and there is clear evidence that the individual was not part of or did not do the acts in question.
If you paid cash bail to the court, meaning you paid the full bail amount, you will have that money returned to you after the defendant makes all required court appearances.If a defendant is found not guilty, the bond is discharged; if the defendant pleads guilty, the bond is discharged at the time of sentencing.
Transitive verb. 1 : to relieve of a responsibility, obligation, or hardship. 2 : to clear from accusation or blame.
Exoneration thus means that innocent people are arrested, convicted, and sent to prison for crimes they did not commit through either unethical or illegal misconduct by state officials.
If you pay the full bail amount in the form of a cash bond to the court, you can have the money returned to you as long as the defendant attends all required court appearances.However, whether or not the defendant is found innocent or guilty, this amount is not returned.
A surety bond has more parties involved and is a little more complicated. When you hire a bail bondsman to post bail you pay the bail bondsman a non-refundable premium. This is typically 10% of the full bail amount. In exchange for this 10% the bail bondsman posts the full amount of your bail.
The law guarantees individuals exonerated of federal crimes $50,000 for every year spent in prison and $100,000 for every year spent on death row. From state to state, however, those who are exonerated are not guaranteed the same rights or compensation after a conviction is overturned.