New Mexico Order Setting Bond

• Category: Criminal - Bail
• State: Multi-State
• Control #: US-00866
• Format: Word; Rich Text

Description

This is an Order Setting Bond. It is used after a Motion to Set Bond has been filed by the Defendant, and after he or she has been charged with a particular crime. Description: A New Mexico Order Setting Bond is a legal document issued by a court in the state of New Mexico that establishes the conditions and amount of bail required for an individual accused of a crime to be released from custody. This bond serves as a written promise by the accused, or their surety, to appear in court for all scheduled hearings and comply with any additional conditions set forth by the court. The purpose of the New Mexico Order Setting Bond is to ensure that defendants facing criminal charges can be released from jail pending their trial, while also guaranteeing their appearance in court. Bail serves as a financial incentive for the accused to fulfill their legal obligations and to prevent them from fleeing the jurisdiction. There are different types of New Mexico Order Setting Bonds, including: 1. Cash Bond: This requires the defendant or their surety to post the full amount of the bond in cash. If the accused fails to appear in court, the cash bond is forfeited. 2. Surety Bond: Also known as a bail bond, this involves a professional bondsman or surety company posting the bond amount on behalf of the defendant. The defendant or their family pays a percentage of the bond, typically 10%, to the bondsman as a premium for their services. If the accused fails to appear, the bondsman may have the authority to locate and apprehend them to avoid forfeiting the bond. 3. Property Bond: In lieu of cash, a property bond allows the defendant or their surety to use real estate or other valuable assets as collateral for the bond. If the accused fails to appear, the court may initiate foreclosure proceedings on the property to satisfy the bond amount. 4. Release on Recognizance (ROR): In certain cases, the court may release the defendant without the need for posting bail, solely on the basis of their promise to appear at all court proceedings. This is typically granted to individuals with minimal flight risk and a strong community reputation. It is important to note that the specific type of New Mexico Order Setting Bond given to a defendant will depend on various factors, including the severity of the alleged crime, the defendant's criminal history, and their ties to the community. The court carefully considers these factors when determining the appropriate bond amount and conditions in order to strike a balance between the accused's right to liberty and the interests of justice.

Description: A New Mexico Order Setting Bond is a legal document issued by a court in the state of New Mexico that establishes the conditions and amount of bail required for an individual accused of a crime to be released from custody. This bond serves as a written promise by the accused, or their surety, to appear in court for all scheduled hearings and comply with any additional conditions set forth by the court. The purpose of the New Mexico Order Setting Bond is to ensure that defendants facing criminal charges can be released from jail pending their trial, while also guaranteeing their appearance in court. Bail serves as a financial incentive for the accused to fulfill their legal obligations and to prevent them from fleeing the jurisdiction. There are different types of New Mexico Order Setting Bonds, including: 1. Cash Bond: This requires the defendant or their surety to post the full amount of the bond in cash. If the accused fails to appear in court, the cash bond is forfeited. 2. Surety Bond: Also known as a bail bond, this involves a professional bondsman or surety company posting the bond amount on behalf of the defendant. The defendant or their family pays a percentage of the bond, typically 10%, to the bondsman as a premium for their services. If the accused fails to appear, the bondsman may have the authority to locate and apprehend them to avoid forfeiting the bond. 3. Property Bond: In lieu of cash, a property bond allows the defendant or their surety to use real estate or other valuable assets as collateral for the bond. If the accused fails to appear, the court may initiate foreclosure proceedings on the property to satisfy the bond amount. 4. Release on Recognizance (ROR): In certain cases, the court may release the defendant without the need for posting bail, solely on the basis of their promise to appear at all court proceedings. This is typically granted to individuals with minimal flight risk and a strong community reputation. It is important to note that the specific type of New Mexico Order Setting Bond given to a defendant will depend on various factors, including the severity of the alleged crime, the defendant's criminal history, and their ties to the community. The court carefully considers these factors when determining the appropriate bond amount and conditions in order to strike a balance between the accused's right to liberty and the interests of justice.